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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On November 9, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Daejeon District Court. On March 25, 2019, the execution of the sentence was terminated in the Daejeon Correctional Institution.
【Criminal Facts】
1. Around 08:00 on May 21, 2019, at the entrance of the Daejeon Seo-gu B apartment shopping convenience store, the Defendant was committed as if the Defendant would normally pay the taxi cost when he/she arrived at the said destination while getting aboard D taxi in the operation of the victim C-si at the entrance of the Daejeon Seo-gu E-gu, Daejeon.
However, the defendant did not have the intention or ability to pay the taxi properly even if he arrives at the destination of the above taxi.
The Defendant, by deceiving the victim as above, obtained financial benefits equivalent to the same amount of money by being provided with operational services of taxi expense of KRW 27,400 from the victim.
2. On May 23, 2019, the Defendant: (a) 23:20 on May 23, 2019, posted a road in front of the Daejeon Daejeon Seo-gu, Daejeon; (b) Hashed the victim G operating the road without any justifiable reason; (c) Hashed the H white car with the two handlights; and (d) 356,630 won in total of the repair cost.
Accordingly, the defendant damaged the victim's property.
3. Around June 7, 2019, the Defendant entering a structure: (a) was placed in a container managed by the victim J of Daejeon-gu Daejeon-gu, Daejeon-gu; and (b) was placed at a locked container entrance and without permission; and (c) was residing from June 9, 2019 to June 48, 2019.
Accordingly, the defendant invadeds on the building managed by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. A written statement of C, G and J;
1. On-site photographs and damaged photographs;
1. A taxi charge receipt and a estimate of repair costs;
1. Each report on investigation;
1. Current expropriations of individuals;
1. Application of Acts and subordinate statutes as a result of inquiry;
1. Relevant Article 347(1) of the Criminal Act for the crime (Fraud), Article 366 of the Criminal Act (the point of causing property damage) and the Criminal Act for the crime.