A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On April 24, 2019, the Defendant was sentenced to one year of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence in the previous prison on January 19, 2020.

【Criminal Facts】

On February 28, 2020, the Defendant, around 18:21, 2020, carried the taxi in front of the C Hospital, which was driven by the victim D on the taxi platform in front of the C Hospital in Suwon-gu B and operated the taxi to the destination, as if the Defendant would pay the taxi fee.

However, the defendant did not have cash, credit card, etc., and there was no intention or ability to pay the taxi fee to the victim.

The Defendant, by deceiving the victim as above, had the victim operate the said taxi even before the police box located in the city of Pyeongtaek-gu, Bupyeong-gu, Seoul High-ro 7,500 won, and acquired financial benefits equivalent to the same amount by not paying KRW 37,500.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts:

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on confirmation of the fact of repeated crimes), status of confinement of individuals, judgment, and application of Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the Defendant was sentenced to imprisonment several times for the same crime, or was sentenced to imprisonment for the same crime during the suspension period of the execution of the imprisonment or after the execution of the sentence is completed, and the Defendant committed another same crime within the repeated crime period. In this case, even if the Defendant was sentenced to imprisonment with prison labor for a more than 40 days after the discharge of the sentence, and despite repeated punishment, even though the amount of damage itself is not significant, the Defendant continues to commit the crime of fraud.

It is highly likely that there is a strong attitude in the light of the law and order.

There was no recovery of damage.

Considering these circumstances, no sentence may be imposed.

However, the defendant is the defendant.