The judgment of the court below is reversed.

A defendant shall be punished by a fine of 600,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the Defendant did not want to pay the taxi fee, but the Defendant was self-employed on the earth, and the police officer heard the horses of the taxi driver without entering the Defendant’s horse and treated the Defendant as the criminal offender.

2. Determination:

A. (i) As to the fraud of the instant facts charged, the summary of the facts charged in this part of the judgment by the lower court and the summary of this part of the facts charged are as follows: “The Defendant, from February 6, 2016 to February 09:01, on the front side of the D Hospital located in Pyeongtaek-si C, from February 6, 2016 to 09:00 on the same day, he obtained an equivalent amount of pecuniary benefits because he did not pay the fee, as if he did not have the intent or ability to pay the fee, she gets on board the FF taxi operated by the victim E while getting off his seal at the intermediate destination and continued to drive approximately KRW 24.82 km to the North Korean elementary school in Busan-dong, Busan-dong.

“The court below found the Defendant guilty of this part of the facts charged based on the evidence in its holding.

Whether a crime of fraud is established shall be determined at the time of the act. Thus, if the defendant had the intent and ability to pay the taxi fee at the time of boarding the taxi, even if he refuses to pay the taxi fee thereafter, it is merely a non-performance of civil liability, and a criminal fraud is not established.

The existence of fraud, which is a subjective element of fraud, shall be determined by taking full account of the objective circumstances such as the defendant's financial history, environment, contents of the crime, process of transaction, relationship with the victim, etc. before and after the crime unless the defendant makes a confession.

First of all, the victim had no intention to reduce the charge in the court of the court below.

The defendant does not pay a fee when he gets to go to the police box.

A firmly talked.

“The Defendant is also a police officer’s demand.”