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(영문) 창원지방법원 2018.12.19 2017고단4407
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2, 2017, the Defendant: (a) 23:15 on November 2, 2017, on the street in the C Hospital located in Kimhae-si B, and (b) 3:15 on November 2, 2017, the Defendant got in the E-si operated by the victim D, and made a false statement as if he/she would pay the cab fee to the victim F for the operation of the Hayang-si to the F

However, the defendant did not have a valid means of payment, such as cash, so there was no intention or ability to pay taxi charges.

The Defendant, by deceiving the victim as such, had the victim operate a taxi to the destination of the said taxi, thereby acquiring pecuniary benefits equivalent to KRW 100,000 of the taxi fee.

On November 22, 2017, the Defendant, “2018 Highest 688, 2018, the Defendant, on the 18:00 Dolsan-dong, Kim Jong-si operated by the victim G, made a false statement as if he/she would pay the victim a taxi fee on the H taxi operated by the victim G to Busan Dong-gu I.

However, the defendant did not have a valid means of payment, such as cash, so there was no intention or ability to pay taxi charges.

The Defendant, by deceiving the victim as such, had the victim operate the taxi to the destination of the said taxi, thereby acquiring pecuniary benefits equivalent to KRW 64,570.

Summary of Evidence

"2017 Highest 4407"

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. "Receipt 2018 Highest 688";

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on taxi receipts;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The basic area (referring to six months to one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to the period of less than 100 million won) of the general fraud; and

2. The Defendant, who was sentenced to a sentence, sent the attitude of the investigative agency to mislead and reflect the Defendant by substitution.

The degree of damage is a minor level.

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