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(영문) 부산지방법원 2014.06.12 2014고정1558
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

The Defendant was sentenced to three years of imprisonment with labor for special robbery, etc. in Busan District Court on January 24, 2014, and the judgment became final and conclusive on May 29, 2014.

On June 19, 2013, the Defendant boarded C cab operated by the injured party B in the Changwon-si Sea Movement Sccocoa on the street of Changwon-si, Changwon-si on June 19, 2013, and lowered from the flow distance in Changwon-si, Changwon-si, Changwon-si, Kimhae-do.

While getting off from a taxi, the defendant made a false statement that 10,000 won will be transferred to the account of the victim while entering the cell phone number and resident registration number to the victim.

However, even if the victim uses a taxi operated by the victim, the defendant did not have the intention or ability to pay the fee.

As such, the Defendant acquired property benefits equivalent to KRW 100,000 by failing to pay taxi charges without justifiable grounds after using the taxi of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Handling concurrent crimes, and exemption from punishment, the latter part of Article 37 and Article 39 (1) of the Criminal Act ( considered equity in cases where a judgment has been rendered simultaneously with special robbery, etc. which became final and conclusive);

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