beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On June 28, 2016, the Defendant: (a) around 20:34 on June 28, 2016, on the part of the victim C who drives B-si in the Seo-gu Seoul Metropolitan City, Seo-gu, Daejeon; (b) was committed as if he were to pay the taxi fee despite the absence of the intent or ability to pay the taxi fee.
Defendant: (a) deceiving the victim as above; (b) exempted the payment of the amount equivalent to KRW 17,600 from the payment of the taxi fee due to the failure to pay the taxi fee even before Seo-gu, Seo-gu, Seo-gu, Seo-gu, the purpose of which is to board the taxi that the victim drive; and (c) took property benefits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes on a taxi charge receipt;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;
1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and
2. Sentencing elements that are disadvantageous to the decision of sentencing: The same type of fine is seven times. Sentencing elements that are favorable to the decision of sentencing: the amount of damage is not so significant and there is no criminal conviction. Recognizing the error and reflectability. o other factors of sentencing under Article 51 of the Criminal Act, the sentence is determined as indicated in the disposition.