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(영문) 수원지방법원 성남지원 2019.09.19 2019고단1585
사기등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2019, the Defendant: (a) had no intent or ability to pay taxi expenses, such as having no money in water; (b) had a victim’s taxi operating in front of the Seongdong-gu Seoul Special Metropolitan City B market and had the victim paid the taxi expenses; and (c) had the victim operate the taxi before the Sung-gu Special Metropolitan City D apartment E-Dong on the same day at around 14:29 on the same day; and (d) had the victim obtain pecuniary benefits equivalent to KRW 12,800,00 from the taxi operating in front of the Sung-gu Special Metropolitan City D apartment E-dong.

2. On June 9, 2019, the Defendant of the obstruction of performance of official duties: (a) at the Defendant’s residence located in the foregoing D apartment F, and (b) at the 112 notification that he did not pay the taxi expenses; (c) the police officer H and I request the Defendant to pay the taxi expenses; (d) the police officer belonging to the G District in the Gyeonggi-gu Police Station G District called the Gyeonggi-gu Police Station called the Defendant; (d) the Defendant attempted to take a bath to the police officer; and (e) the Defendant attempted to take a police officer’s breath of the breath of the breath of the breath of the 2nd of the end of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 3nd of the 3nd of the 3nd of the 2nd of the 2nd of the 3nd of

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and C;

1. C’s statement;

1. Application of the Acts and subordinate statutes to a Bodicam scame;

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations and recommendations for fraud] shall be limited to the mitigated range of less than KRW 100 million, and one month to one year [the scope of recommendations for the obstruction of performance of official duties and the scope of recommendations].

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