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(영문) 의정부지방법원 고양지원 2015.04.17 2015고정267
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court on March 28, 2015 and the said judgment became final and conclusive on March 28, 2015.

【Criminal Facts】

At around 01:11 to 01:50 on April 28, 2014, the Defendant acquired property benefits by failing to pay KRW 22,480 on the part of the victim E, even though he/she was on board the F cab in the victim E operation, even though he/she did not have the intent or ability to pay the taxi fee.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records before judgment: Application of Acts and subordinate statutes by making inquiries, such as legal statements and criminal records of the accused;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 39(1) of the Criminal Act (excluding exemption from punishment in consideration of equity in the case where the amount of damage in this case is insignificant and it is judged simultaneously with a final and conclusive judgment).

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