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(영문) 대전지방법원 홍성지원 2016.11.10 2015고정148
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On July 9, 2012, around 22:00, the Defendant: (a) arrived at the taxi platform located in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu military branch in front of the Busan District Elementary School located in Ansan-do, the destination of which the victim B is boarding the taxi, and claimed KRW 200,000 from the victim for payment of KRW 30,000,000 from the victim; (b) but at the time, the Defendant was unable to pay the said amount because he did not have the cash outside of 30,000 won; and (c) was able to avoid the payment of the said amount, and (d) the said victim acquired financial benefits equivalent to the said taxi amount by getting the payment postponed from the victim and getting out of the taxi as it is.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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