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(영문) 서울서부지방법원 2018.08.21 2018고정360

경범죄처벌법위반

Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall collect a value without justifiable grounds after riding a car, ship, etc. for business use or eating food sold by another person.

Nevertheless, the Defendant used the e-tax amount operated by the victim D in front of the restaurant in Mapo-gu Seoul, Seoul, on September 25, 2017, around 21:20, the Defendant failed to pay the 13,700 won taxi fee to the victim on the ground that there is no money despite having to pay 13,700 won.

Therefore, although the defendant was on board a business car, he did not accept a value without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A criminal place and an explanatory note;

1. Application of the receipt statute

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, and Article 3 (1) 39 of the Punishment of Minor Offenses Act (Optional to the punishment);

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

1. The defendant and his defense counsel asserted that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order was first examined as to whether the defendant who had no money could get a cab free of charge before her cab was on the victim's cab, and that the victim got a cab at the victim's cab with permission.

However, in this Court, the victim got on the taxi by the prosecutor stating that the victim had no money from the beginning, and the victim was born free of charge.

section 3.

Whether the defendant's horses are true

In light of the fact that the statement is consistent with the statement made in an investigative agency and that it can be believed in accordance with the common sense, the victim is free on board the victim prior to boarding the taxi operated by the victim.