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(영문) 대전지방법원 천안지원 2020.05.26 2020고단679
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2020, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with prison labor due to the obstruction of performance of official duties, etc. in the Daejeon District Court's Incheon Branch Branch on March 26, 202, and the judgment became final and conclusive on April 3, 202

On March 15, 2020, the Defendant, at around 21:43, committed as if he had no intent or ability to pay the taxi cost from the Jeju-dong taxi platform located in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-do, and was unable to pay the taxi cost, and acquired property benefits equivalent to KRW 82,350,00 from the Plaintiff’s failure to pay the taxi fee until the day before the 22:50 on the same day by using the said taxi to the day before the Do-dong-gu, Chungcheongnam-gu, Seoul-gu.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A receipt for the unpaid taxi charge and related photographs;

1. Previous convictions in judgment: Criminal records, previous records of disposition, results of confirmation, reports on results of prosecution, application of the written indictment, and application of Acts and subordinate statutes concerning the defendant's statutory statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is recognized and against the defendant, and the agreement was made with the victim, and the crime of this case was committed before the judgment became final and conclusive, and the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime was committed, and other various sentencing conditions specified in the arguments of this case shall be determined as ordered.

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