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(영문) 수원지방법원 2014.10.23 2014고정2774
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 13, 2014, the Defendant was sentenced to 10 months of imprisonment by fraud, etc. at the Suwon District Court, and appealed, but on September 4, 2014, the final judgment of dismissal of the appeal became final and conclusive.

On December 22, 2013, the Defendant: (a) was found to have been paid even if he had no intent and ability to pay the taxi fee; (b) was on board a taxi operated by the victim B; (c) had the victim operate the taxi to the house of the Defendant located in Seongbuk-gu, Seongbuk-gu, Seoul; and (d) did not pay the taxi fee of KRW 22,980, the Defendant acquired the pecuniary benefits equivalent to the same amount by failing to pay the taxi fee.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Each report on investigation;

1. Application of statutes concerning criminal records;

1. Article 347 (1) (Fraud) of the Criminal Act and the selection of a fine concerning the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity, etc. in cases where a judgment becomes final and conclusive at the same time as the judgment is rendered);

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