A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 12, 2016, around 00:53, the Defendant: (a) took a taxi driven by the victim B as if he were to pay the taxi fee despite the absence of the intent or ability to pay the taxi fee; (b) had the victim take a taxi in the manner of paying the taxi fee; and (c) had the victim drive the taxi up to the 25-ro of Gangseo-gu Seoul Metropolitan Government by allowing the victim to operate the taxi and obtain pecuniary benefits equivalent to KRW 17,280,00 from the damaged person.

2. On September 12, 2016, around 01:47, the Defendant assaulted the victim B, before the victim D, who was in Gangseo-gu Seoul Metropolitan Government, to pay the taxi fee, with flabing the victim’s flab on the flab face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: A crime of fraud [type of fraud] that is not more than KRW 100 million (type 1) [the area of recommendation and the scope of punishment] (the area of recommendation and the scope of punishment], the basic area, six months to one year and six months;

(b) Concurrent Crimes: Crimes of assault (a type of determination) that have no general assault (a type) [the area of recommendation and the scope of recommendation], the basic area of punishment, two months to ten months of imprisonment; and

(c) Scope of recommended punishment according to the standards for handling multiple crimes: Six months of imprisonment to one year (one-half of the upper limit of the scope of punishment for basic crimes).

3. Grounds for suspended sentence (major reasons): The scale of substantial damage is considerably small or medium;