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(영문) 서울동부지방법원 2020.07.23 2019노1758
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) that the Defendant did not pay KRW 13,00 on July 19, 2017 to the passenger without paying KRW 13,00,000, is that the passenger without paying KRW 21,000 on December 21, 2018 is unable to pay some of the taxi charges due to the shortage of physical card balance, and there is justifiable reason for the Defendant to not pay the taxi charges.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

2. Considering the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court, it is reasonable to view that the Defendant used a taxi and did not pay the value without good cause.

Therefore, the defendant's assertion is not accepted.

A. At around 06:00 on July 19, 2017, the Defendant would pay KRW 10,000 by means of a card and pay KRW 3,000 if the Defendant is a civil lawsuit.

'I, and I did not get off the vehicle because I sit on the rear seat.

The victim B reported the defendant to the police, and the defendant did not pay the taxi fee even after the police was dispatched.

The Defendant paid taxi charges to the victim B during the trial on July 17, 2019 while the trial was in progress by the lower court.

B. On December 12, 2018, the Defendant, at around 15:30 on December 12, 2018, did not settle the account with a card to arrive at a destination after leaving the taxi driven by the Victim F.

The defendant paid 6,000 won out of 27,000 won in cash, and the remaining 2,100 won shall be transferred to the account in the name of the victim F and did not transfer it.

Although the victim F was made several letters or telephoness to the defendant, the defendant did not transfer the taxi fee, and the victim F reported it to the police.

The defendant shall not pay taxi charges by losing the page on which the account number is entered.

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