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(영문) 광주지방법원 2015.12.17 2015고정1654
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 11, 2015, at around 17:00, the Defendant: (a) taken a taxi in front of the steel park located in the Namnam-do, Namnam-do; and (b) made the victim believe that the Defendant would reduce the taxi rate by stating that “a household apartment building in Mine-dong, Gwangju-dong, is an apartment building with no intent or ability to pay the taxi rate to the victim,” even though he did not have the intent or ability to pay the taxi rate.

The Defendant got a taxi from 18:20 on the same day to 18:20 on the same day, and thereafter arrived at the apartment complex of 143 Kaju-ro 153, Gwangju Mine-gu, Gwangju-gu, Gwangju-ro 153, 7, and thereby exempted the Defendant from paying 100,000 won with no charge to pay the taxi fee.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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 10(2) and 55(1)6 of the Criminal Act for the mitigation of mental illness and injury (as a result of the record, the defendant was hospitalized in around 2006, around 2009, around 2010, around 2010, due to alcohol issues, and her early illness, etc.; the psychiatrist E is diagnosed as a dead-time patient with symptoms, such as current exchange, de-verification, etc.; and the defendant can be recognized as having presented his/her opinion that he/she is judged to be in a state of mental or physical disability whose capacity to distinguish and regulate the act was deteriorated; therefore, it is recognized that the defendant was in a state of mental or physical disability at the time of committing the instant crime).

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