A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[Criminal Justice] On May 25, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence on August 28, 2011.

【Criminal Facts】

On March 2, 2013, at around 15:00, the Defendant: (a) taken a white plaza operated by the victim B in the Southern-gu Magdong-gu Magdong-gu Magdong-gu (hereinafter “Magdong-gu Magdong-gu Magdong-gu Magdong-si”); (b) told the victim as if he would pay the taxi fee to the victim.

However, the defendant did not have the intention or ability to pay the fare even if he takes a taxi as above.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim operate the taxi to his destination; and (c) did not pay KRW 8,000,000, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Previous records of judgment: Application of criminal records, etc. and inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. In light of the fact that the defendant for sentencing under Article 35 of the Criminal Act among repeated offenders had been punished several times for the same kind of crime, but there is no particular material to find that the defendant again committed the instant crime during the period of repeated crime and made efforts to recover from damage, etc., it is inevitable to punish the defendant significantly.

However, since the defendant has been sentenced to imprisonment for 8 months in relation to the crime of this case and the concurrent crime under the former part of Article 37 of the Criminal Act, and the defendant is still in an appellate trial (this court 2013No1569) at present, it is significant that he has sentenced to one punishment for all of the above frauds.