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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on November 24, 2016, and on May 12, 2017, the Seoul Detention Center completed the enforcement of the sentence.
[2] On May 14, 2017, the Defendant: (a) on May 14, 2017, 10:30, the Defendant: (b) taken a D personal taxi operated by the victim C as a guest to the Do individual taxi; and (c) held the victim “Is up to 202 front of the 11st apartment house of South-Yyang-si, Jinyang-si, Jin-si, Jin-si, and the second apartment house of Korea.”
However, the defendant did not have the intention or ability to pay taxi charges.
As above, the Defendant, by deceiving the victim as above, had the victim operate up to 202 new apartment buildings, thereby having the victim acquire property profits equivalent to 79,240 won of taxi charges.
On May 19, 2017, the Defendant: (a) around 00:50 on May 19, 2017, the main point of “G” in the operation of E Victim F (M. 55 years old); and (b) on fact, the Defendant was issued a delivery of an amount equivalent to KRW 60,000 on the market price of beer and betju and betju, and acquired property profits by deception, without paying the amount.
Summary of Evidence
"2017 Highest 2221"
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. A taxi charge receipt;
1. A previous conviction: A reply to inquiry, such as criminal history, and a report on the result of confirmation of the previous conviction of the disposition (a copy of the judgment) (the defendant had no intention to defraud at the time of committing
The argument is asserted.
However, the Defendant did not pay taxi expenses to the victim at all, and even based on the Defendant’s police statement, consumed tobacco and beer when the Defendant released the taxi, and did not notify the victim of the fact at all at all at the time of leaving the taxi. In light of these circumstances, the Defendant had a criminal intent to defraud the Defendant.
. fully recognized.