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(영문) 부산지방법원서부지원 2020.09.22 2020고정57
사기등
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

1. On July 19, 2018, around 01:15, the Defendant: (a) demanded that the Defendant take aboard the “C” taxi operated by the victim B before the “C” taxi operated by the victim B” on the front of the “E” bus terminal located in the Busan Sho-gu, Busan, and, as such, the Defendant would be able to pay the taxi fee, to the front point of the “E” located in the Busan Sho-gu.

However, the defendant did not have any intention or ability to pay taxi charges.

Although the Defendant arrived in front of the “E”, the destination, the Defendant continued to pay 19,440 won to the victim for the taxi fee.

Accordingly, the defendant acquired the above monetary benefits from the victim.

2. The Defendant of the assault runs away at the time and place specified in paragraph (1).

The lower part of the above victim was added to the place where the above cab exists by cutting back the lower part of the victim, and assaulted the victim's face and chest part by 2 to 3 times with the hand floor in order to urge the victim to pay the taxi fee.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. A copy of receipt;

1. Damage photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) concerning the crime;

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

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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