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(영문) 인천지방법원 2021.02.17 2020고단6551
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On September 25, 2020, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 million won by obstructing the performance of official duties at the Incheon District Court, and the judgment was finalized on October 6, 2020. On November 6, 2020, the Defendant was sentenced to 2 years of imprisonment with prison labor for fraud, etc. at the same court, and the judgment on November 14, 2020 became final and conclusive.

[2] On May 15, 2020, the Defendant was boarding a taxi operated by the injured party B in the taxi platform in front of the office of the 394 strengthening Gun of Incheon, as a result of the strengthening of the strengthening Eup of Incheon, and acquired property benefits by failing to pay a fee even if he did not have any intent or ability to pay a fee even if he did not use the taxi due to the lack of money, and allowing the injured party to operate the taxi to the front of the Mat located in Michuhol-gu Incheon, Michuhol-gu on the same day, and by failing to pay a fee of KRW 74,100.

Summary of Evidence

1. Receipt of the police statement protocol against the defendant's legal statement B

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, etc., the text of the Incheon District Court Decision 2020No 411, the text of the Incheon District Court Decision 2020 No. 2826, the text

1. Article 347 of the Criminal Act applicable to the relevant criminal facts, Article 347 (1) of the Criminal Act, and the selection of fines;

1. Article 37 of the Criminal Act: Provided, That Article 39 (1) of the same Act does not apply to concurrent treatment and exemption from punishment (Article 39 (1) of the same Act (Article 39 (1) of the same Act (Article 39 of the same Act does not apply to the liability for a crime committed by a defendant without any particular reason, but is a small amount of damage

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