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(영문) 부산지방법원 2020.11.04 2020고단1711
사기등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 3, 2020, at around 23:10, the Defendant: (a) was boarding a C-si operated by the victim B in front of the East subway Station located in Seo-gu, Busan, Seo-gu; (b) went to the Defendant’s house located in the office of the Defendant located in the Busan Western Police Station; and (c) requested to move to a large alley of the Bupyeong Police Station located in the Busan Western Police Station; and (d) found a drinking box as the Defendant arrived at the place; and (c) even after getting off, the Defendant was repeated to move again on the ground that the drinking house closed.

At around 23:34 on the same day, the taxi was operated in front of the Busan Jung-gu Dental.

Around that time, the Defendant found the victim's place of drinking, followed it as if he would pay the taxi fee back, and left there without paying the taxi fee.

However, the defendant did not have any means of payment, such as cash or card, that can pay taxi charges during the number of times, so even if the victim operates a taxi to the destination, he/she did not have any intent or ability to pay taxi charges.

The Defendant, by deceiving the victim as above, received from the victim the passenger transport service of KRW 10,600 from the taxi rate of KRW 10,600, and acquired the same amount of financial benefits.

Summary of Evidence

1. Application of Acts and subordinate statutes on the 112 Reporting Report List to the police statement B of the defendant's legal statement;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the small amount of damage, the full agreement with the victim is reached, and the defendant's age, character and conduct, environment and circumstances after the crime are considered, and the punishment is determined as ordered.

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