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(영문) 서울중앙지방법원 2019.07.18 2019고정487
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a guest boarding a taxi operated by the victim B.

At around 19:00 on January 4, 2019, the Defendant: (a) was in line with “E” located in Guro-gu Seoul Metropolitan Government Guro-gu, Guro-gu, Seoul; (b) the Defendant, despite having no intent or ability to pay the taxi fee even if the Defendant was aboard a taxi operated by the victim; (c) was deemed to go to Chuncheon-si, Chuncheon-si; (d) had the victim operate the taxi to Chuncheon-si; and (e) again, had the victim operate the taxi to the place “E” located in Gwanak-gu, Seoul; and (e) did not pay the taxi fee of KRW 200,000; and (e) did not pay the taxi fee of KRW 200,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that at the time of committing the instant crime, the Defendant was in a state of mental or physical disability or mental health disorder, due to the lack of intellectual disorder at the time

However, in light of various circumstances, such as the background, means, and method of the instant crime, the Defendant’s behavior before and after the instant crime, and the record of the Defendant, it is not deemed that the Defendant was lacking or lost the ability to discern things or make decisions at the time of the crime, and thus, the above assertion by the Defendant

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