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(영문) 서울남부지방법원 2020.06.22 2020고정102
사기
Text

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

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

Reasons

Punishment of the crime

On October 20, 2017, the Defendant, at around 03:34, 2017, acted as if the Defendant were to pay the taxi fee in front of the “Yancheon-si Etel which is a destination,” after boarding a D taxi operated by the victim C (the 54 years of age and south) on the front of the “Seoul Mapo-gu hotel”.

However, even if at the destination, there was no intention or ability to pay the taxi fee from the beginning.

The defendant had the victim operate the above 'Etel' in front of the 'Etel', which is a destination of 04:25 on the same day, but did not pay 30,120 won to the place.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 30,120 won.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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