A defendant shall be punished by imprisonment for one year.

Criminal facts

On August 24, 2016, the Defendant was sentenced to imprisonment for ten months in Busan District Court due to fraud, etc. and completed the execution of the sentence on April 16, 2017.

On May 10, 2017, the Defendant: (a) around 20:00, around 20:00, boarded-dong, Seo-gu, Incheon, Seo-gu, Incheon, and (b) went to the Busan Seo-gu Police Station located in Seo-gu, Busan, Seo-gu, Busan, where the victim C was aboard a D business taxi operated by the victim C and was able to pay the taxi fee to the victim; (c) and (d) the Defendant was

However, the defendant did not have the intention or ability to pay the taxi fee because he did not have any means of payment such as cash at the time.

The Defendant did not pay the taxi fare of 400,940 won on November 1, 199, when the victim arrives in front of the Busan Western Police Station around 00:50,000, the next day.

Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A taxi charge receipt;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crime);

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

1. As to the assertion of the Defendant and defense counsel under Article 35 of the Criminal Act for aggravated repeated crimes, the Defendant and defense counsel had a mental and physical weakness of the Defendant at the time of committing the instant crime.

The argument is asserted.

However, in light of the method of the instant crime, the criminal defendant’s act before and after the instant crime was committed, and the statement made by the criminal investigation agency immediately after the discovery of the crime, etc., the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

It does not appear.

The defendant and defense counsel's above assertion is without merit.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than 20 years;

2. The scope of the recommended punishment on the sentencing criteria: Imprisonment for one year or more.