Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 23, 2015, the Defendant, around 22:40 on August 23, 2015, on the street in Gwangjin-gu Seoul Special Metropolitan City, demanded that the above victim take a F taxi in front of the victim's driving and would normally pay the taxi fee, and that the above victim would normally pay the taxi fee. However, there was no payment card or cash.

The Defendant, by deceiving the victim as such, had the said victim operate the said taxi up to the vicinity of the Seoul Western-dong, Seodaemun-gu Seoul Metropolitan Government 23:05 on the same day, and did not pay KRW 42,920, and did not receive the said taxi fee, thereby obtaining pecuniary gains equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. 택시 영수증 [ 피고인은 편취의 범의를 부인하고 있으나, 피고인이 택시요금을 지불하지 않은 채 택시에서 하차하여 현장을 벗어나려 다가 피해 자가 뒤� 아와 택시요금의 지불을 요구하자 피해자 및 이를 말리던 행인들까지 폭행한 점, 이 사건 당일 경찰 조사에서도 자신은 지불능력이 있다고

In light of the fact that the defendant did not have the intent or ability to pay the taxi fee at the time of the crime of this case, the defendant did not have the intention or ability to pay the taxi fee at the time of the crime of this case.

【Recognition】

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On August 23, 2015, the Defendant: (a) around 23:10 on August 23, 2015, on the street in front of the Southern-dong, Seodaemun-gu Seoul, Seoul, the Defendant, without paying the taxi fee, went away from the victim C; (b) assaulted the victim by drinking once by giving back the number of the victim; and (c) made the victim D, who is a brue, be subject to restraint.