1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment has already been sentenced to six times of punishment, including one time of suspended sentence due to assault and bodily injury, and other previous convictions are included three times of suspended sentence, and the defendant was sentenced to two years of suspended sentence on December 30, 2016, and the judgment of two years of suspended sentence became final and conclusive on March 8, 2017, and the judgment of two years of suspended sentence was final and conclusive on June of imprisonment for the crime of obstruction of performance of duties on March 8, 2017. The case committed the instant crime during the period of suspended sentence. This case is recognized that the defendant deceivings the victim to take 7,000 won of taxi fee by deceiving him, and assaulted the victim who is driving under this paragraph, and that such crime is bad.

However, it is also recognized that the defendant recognized all of the crimes of this case when it was in the trial, agreed with the victim in the trial, the damage amount caused by the fraudulent act of this case is not much high, the defendant has no criminal record, the defendant is in the position to support the elderly's father in the amscopic disease, and the health is not good because the defendant suffers from amcopic legacy.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the facts charged and the summary of the evidence in the judgment of the court below, except for adding “1. Defendant’s oral statement” to Chapter 15 of the summary of the evidence.