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(영문) 서울중앙지방법원 2017.09.15 2017노2413
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was trying to make payment with a physical card, but the Defendant was refused to handle and was holding a taxi fee.

E. The plaintiff did not have the intention to commit the crime of fraud because the plaintiff did not pay the taxi fee because the plaintiff did not have the intention to commit the crime.

B. The punishment of the lower court is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the lower court can sufficiently recognize that the Defendant acquired the taxi fee as stated in its reasoning.

The defendant has returned to pay taxi charges.

Although there is a change, the victim is not able to accept the defendant's argument because 30 minutes have passed since he/she left the place to receive the taxi fee.

B. As to the unfair argument of sentencing, although the amount of damage is small, the sentencing of the lower court is not recognized to be unfair in view of the fact that there are many criminal convictions for the defendant and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed.

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