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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal record] On April 20, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. on April 20, 2017, and the judgment became final and conclusive on June 29, 2017.
[Criminal facts]
1. On December 30, 2016, the Defendant is obliged to take a 100,000 won taxi fee in the Jeju-si, Daegu-gu Scattering 70,000 square meters, which is driven by the victim B at the crosswalk of the designated stop at the vicinity of the north-gu Gapter on the street on December 30, 2016.
The phrase “ makes a false statement.”
However, at that time, the Defendant was released from office on December 18, 2016 on the day immediately before the discharge of the taxi and did not have any particular income due to lack of occupation. As such, even if using the taxi as above, there was no intention or ability to pay the fee.
The defendant deceivings the victim as above and acquired the pecuniary benefits equivalent to KRW 100,000 from the victim and acquired them by deception.
2. On December 30, 2016, the Defendant would immediately transfer 50,00 won to the victim B, if he/she arrived at the Sung-dong Sung-gun, Sung-gun, Sung-dong and want to drink any other neck. This would promptly transfer 50,000 won of taxi charges.
“A false statement” was made.
However, at that time, the Defendant had no means of payment, such as cash or credit cards, in the number of times, and had no specific income from the job since he was released from the office on December 18, 2016, immediately before that time. Therefore, even if the Defendant borrowed the above money, there was no intention or ability to repay it.
As above, the defendant deceivings the victim as above and obtained 50,000 won from the victim in the name of the borrowed money, i.e., delivery from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A complaint (B);
1. Previous convictions in the judgment: (A) a response to inquiries, such as criminal history, a report on the results of confirmation of the previous convictions in the disposition, and a copy of the judgment (Tgu District Court's assistance).