A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 12, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the original prison on September 30, 2017, and on November 24, 2017, the Defendant was sentenced to imprisonment for the same crime at the same court on November 24, 2017, and completed the execution of the sentence at the detention center in Seoul Eastern District Court on February 2, 2018.

[2018 Highest 455] On February 5, 2018, the Defendant: (a) around 23:30 on February 5, 2018, followed the Defendant’s “E” restaurant operated by the victim D located in Gangnam-gu Seoul Metropolitan Government, as if he were paid the amount; and (b) ordered the Defendant to provide alcohol and food.

However, as the Defendant did not have money at all at the time and did not have credit cards, etc., the Defendant did not have any intent or ability to pay the money even if he was provided with drinking and food from the injured party.

Nevertheless, the defendant was provided with the 41,000 won of the market price from the injured party and then acquired soup through a soup.

[2018 Highest 497] On February 6, 2018, around 04:56, the Defendant: (a) boarded G taxi operated by the Victim F in the vicinity of the water basin located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu; (b) moved the victim to the front area; and (c) moved to the front area of the area located in the 85-ro, Seongbuk-gu, Seoul.

However, the defendant did not have any intention or ability to pay taxi charges to the victim because there is no certain income or property.

The Defendant, by deceiving the victim as such, acquired pecuniary benefits equivalent to KRW 8,900 from the victim on the same day.

Summary of Evidence

1. The defendant's legal statement (before judgment);

1. References to inquiries, such as criminal history, investigation reports (Attachment to decisions of the same kind of suspect and personal confinement status);

1. A H statement;

1. A receipt for submitting a victim (2018 highest 497);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on taxi receipts;

1. Criminal facts;