A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2015 Highest 431] The Defendant did not have any intention or ability to pay a charge even if he/she had a D-cab driven by the victim C on November 27, 2014 at the front of the 13 G-dong, Ansan-si, Ansan-si, Seoul Metropolitan City.

Nevertheless, the Defendant, as if he were to pay the taxi fee, did not pay KRW 135,800,000, even if he arrived near the Yacheon-si in Yacheon-si, thereby acquiring economic benefits equivalent to the same amount.

On November 2, 2014, at around 03:50, the Defendant did not have any intent or ability to pay the fee even if he/she had a F taxi driven by the victim E on the road near the Daegu Northern District of Daegu on November 2, 2014.

Nevertheless, the Defendant, as if he were to pay the taxi fee, did not pay KRW 10,000,000, after having arrived at the vicinity of the illegal mooring place in Daegu-gu, Nam-gu, Daegu-gu, and acquired economic benefits equivalent to the same amount by failing to pay the taxi fee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation types according to the sentencing guidelines [the scope of recommendation types] general fraud types 1 (less than 100 million won) and the basic area (six months to one year and six months) (the special person) of the sentencing guidelines;

2. The fact that each of the crimes of this case was committed even though there are many records of punishment for the same kind of crime as a sentence of sentence, and that the damage has not been recovered is not good.

However, considering the circumstances favorable to the defendant, such as the defendant's resistance, the fact that there is no history of punishment heavier than the fine, and the fact that the amount of damage is not significant, the age, character, environment, relationship with the victim, motive, means and consequence of the crime.