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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to ten months of imprisonment for fraud at the Daejeon District Court on January 14, 2016, and completed the execution of the sentence at Daejeon Prison on September 8, 2016, and had the same criminal record of fraud and 27 times of fraud.
[2] On December 28, 2016, the Defendant: (a) boarded at AS taxi operated by the Victim AR (51) prior to AS taxi on the way in front of the AP cafeteria at the time when the Defendant came to board on December 28, 2016; (b) deceiving the victim as if he/she had the intent or ability to pay KRW 250,000,000; and (c) did not pay the said taxi fee to the victim, even if he/she arrived on the front of the AU singing place located in Daejeon-gu, Daejeon, Daejeon, for the purpose of around 00:00 of the same month.
As above, the Defendant had taken advantage of property interest equivalent to KRW 250,000 by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. AV-related protocol of interrogation of the police suspect;
1. AR's statement;
1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation reporting (suspect A and his/her relationship);
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The crime of this case with the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is a case where, although the defendant did not have the intent or ability to pay the price, he deceiving a taxi engineer of the damaged person to pay the taxi expenses equivalent to 2.50,000 won prior to the neck and acquired financial profits equivalent to the said amount. The defendant committed the crime of this case in 29 times or more due to the same crime as the previous penal code, and the defendant did not know about 29 times or more due to the same crime as the previous penal code, and without being aware of the period of punishment after the completion of the punishment for the same crime. The crime of this case is a crime committed during the repeated crime period, and the damage has not been recovered. However, the defendant is sentenced to the punishment against the defendant, and other defendant's age, occupation, family relationship, sex, environment, conditions before and after the crime, etc.