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(영문) 서울남부지방법원 2014.01.20 2013고정3593
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 9, 2013, the Defendant: (a) boarded-si, Ansan-si, Ansan-si, and was boarding a taxi (C) located in the front of the B-si, Ansan-si, Ansan-si, and (b) had no intent or ability to pay a taxi fee to D, a victim, but “A sik,” and (c) had the victim believe that the taxi fee is to be reduced and run by up to 05:25 on the same day, and had the passenger go to the new forest, which is the destination, and had the passenger, arrive in the new forest, which is the destination, and had no money paid KRW 18,700 on the ground that there was no money, thereby gaining economic benefits equivalent to the same amount.

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 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that the instant crime was committed in a state where the judgment and mental ability are weak due to alcohol dependence at the time of the instant case, etc., and thus, according to the evidence duly adopted and investigated by the instant court, the Defendant was from July 13, 201 to the same year.

9. It is recognized that the Defendant was hospitalized in the Republic of Korea by June 29, 201, and received treatment due to symptoms of alcohol dependence, etc. from June 2013. However, in light of the investigation agency and the Defendant’s statement in this court, etc., it is not recognized that the Defendant committed the instant crime under the lack of judgment or decision-making capacity due to the above increase in the capacity.

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