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(영문) 의정부지방법원 2017.02.14 2017고단288
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 5, 2016, around 18:55, the Defendant was active as if he would pay the taxi expenses in front of the B apartment apartment C around the Southern-si, Namyang-si, and was boarding the E-si operated by the victim D (53 Do, South) and used the said taxi to the alleyway near the 19:50 on the same day at the 19:50 South-do, Seoyang-do, Seoyang-do, Yan-do, the 19:50 on the same day.

However, the defendant was not in possession of cash or viable credit cards, and there was no intention or ability to pay taxi charges to the victim.

Nevertheless, the defendant deceiving the victim as above and exempted the payment of the amount equivalent to 25,100 won of the taxi fee, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of subscribers to cell phone numbers used by the person under investigation);

1. Application of the Acts and subordinate statutes governing lists and photographs of complainants;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine of punishment (the consideration of the fact that confessions and reflects, the amount of defraudation is not significant, and the victim does not want criminal punishment of the person who is the victim, see, e.g., recording nine pages of evidence);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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