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(영문) 수원지방법원 성남지원 2018.02.09 2017고단664
사기등
Text

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

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

Reasons

Punishment of the crime

1. On March 8, 2017, around 00:35, the Defendant: (a) demanded that the Defendant “Woo-ro D, Seongdong-gu, Sungnam-gu, Sungdong-gu, Seoul, U.S., U.S., U.S., U.S., U.S., U.S.-gu, U.S.-gu, U.S.

However, the defendant did not have the intention or ability to pay the taxi fee.

The Defendant, by deceiving the victim as such, had the victim operate the taxi to the above place, but did not pay 29,040 won of the taxi fee, thereby acquiring property benefits equivalent to the same amount.

2. The Defendant interfered with the performance of official duties on the same day, around 01:20 on the same day, at the top of the police box of the Police Station F of the Police Station in Sungnam-gu, Sungwon-gu, Sungwon-gu, Sungnam-gu, and the Defendant reported that the Defendant did not pay the taxi fee, paid the taxi fee from G, who was the police officer of the above police box to whom the Defendant belongs, and asked him/her to return home, and provided him/her with the chest of the above police officer on one occasion by drinking.

Accordingly, the defendant assaulted the above police officer and interfered with legitimate execution of duties concerning the maintenance of order of the police officer.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant was a juvenile of 18 years of age at the time of each crime; (b) the Defendant appears to have been under the influence of alcohol; (c) the primary offender was the first offender; and (d) the amount of damage caused by fraud was not significant.

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