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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On November 29, 2012, the Defendant was sentenced to four months of imprisonment for fraud in the Gwangju District Court’s Netcheon Branch, and the judgment was finalized on February 23, 2013. On March 29, 2013, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court, and the judgment became final and conclusive on May 20, 2013.
On August 18, 2012, around 12:30 on August 18, 2012, the Defendant was boarding a D private taxi operated by the victim C (ma and 69 years of age) in front of the Busan coastal Organization B.
However, there was no money owned by the defendant at the time, and there was no intention or ability to pay taxi charges because he did not hold a card that can pay taxi charges.
Nevertheless, the defendant was able to pay the taxi fee properly, and the defendant was able to do so in the future of the Dong-dong-dong Office of the Dong-dong, the destination.
Accordingly, at around 12:45 on the same day, the Defendant arrived in front of the Dongdong-gu Office, a destination, but the Defendant did not pay the taxi fee, “I do not have any money. I do you am at the earth’s seat.”
As a result, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to 2,600 won of taxi fares.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Previous convictions: Application of a copy of judgment;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the crime of this case is in the concurrent relationship between the crime of final and conclusive judgment stated in the judgment and the latter part of Article 37 of the Criminal Act, making concurrent judgments pursuant to Article 39(1) of the Criminal Act and considering equity