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(영문) 전주지방법원 군산지원 2016.09.07 2016고정378
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 24, 2015, around 12:56, the Defendant: (a) went on a private taxi operated by the victim B in the south-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, and (b) would pay the victim the fare after arrival. However, even though there is no money owned by the Defendant, the Defendant did not have the intent or ability to pay the fare to the victim; (b) caused the victim to drive the taxi to the above E, thereby having the victim obtain the pecuniary profit equivalent to KRW 258,320,00, the taxi fee of KRW 258,320.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the receipt statute

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. In addition, taking into account the favorable circumstances such as the recognition of and reflection against the Defendant’s crime for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the Defendant was committed during the period of repeated crime, the fact that it was not agreed with the victim and that there was no particular effort to recover damage, the sentence like the order shall be determined by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, circumstances leading to the crime, and circumstances after the crime.

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