The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, two years of probation) is deemed to be too uneasy and unfair.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

In the case of habitual fraud among the facts charged in the instant case at the trial, the prosecutor: (a) around September 21, 2012, the Defendant: (b) on September 21, 2012, at the Busan metropolitan transportation Daegu-gu, and (c) on September 30, 2012, the Defendant, despite having no intent or ability to pay the taxi cost, had the victim take a H taxi operated by G and not paid the taxi fee after having the victim drive the H taxi in front of the 10,000 on the surface of Kimhae-si; and (b) the Defendant, by deceiving the victim, obtained pecuniary benefits equivalent to KRW 50,000,00 of the taxi fee; and (c) on September 21, 2012, the Defendant, “On September 21, 2012, at the Busan metropolitan metropolitan transportation-gu, Busan metropolitan metropolitan transportation-gu, and had the victim receive additional taxi fee, including the changed 108 square meters of the taxi fee, and thereby, did not mislead the Defendant to pay the total amount of the fee.

3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

Punishment of the crime

[Criminal Power] The defendant is guilty of fraud at the Busan High Court on January 31, 2001.