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(영문) 서울동부지방법원 2013.09.25 2013고정1681
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defrauded did not have any intent or ability to pay the fare even if he/she uses the taxi.

Nevertheless, at around 22:26 May 6, 2013, the Defendant: (a) taken a taxi on the front of the Songpa-gu Seoul Metropolitan City F Center, which was driven by the victim D (the 53 years of age and south) on the front of the taxi in Songpa-gu, Songpa-gu; (b) did not pay KRW 9,600 of the taxi fee after having arrived in front of the Songpa-gu Seoul F Center on the same day; and (c) obtained it by fraud.

2. On May 6, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against Drivers) (hereinafter “Aggravated Punishment, etc.”) set forth three times back the victim’s back by driving a taxi in the G District near the G District by hand and by hand from the Ga and the chief of the staff.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 347 (1) of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of each fine for the crime;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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