[criminal power] On November 14, 2014, the Defendant was sentenced to three months of imprisonment for a crime of fraud at the Seoul Central District Court, and on August 11, 2015, the Seoul Northern District Court sentenced six months of imprisonment for a crime of fraud at the Seoul Northern District Court on August 11, 2015 and completed the execution of the final sentence at Seongdong-gu District Court on November 16, 2015.

【Criminal Facts】

around 19:30 on March 3, 2016, the Defendant entered a D restaurant operated by the victim C in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the second floor, although there was no intent or ability to pay food values, the Defendant ordered food as if he would pay food values to the victim, and received from the victim 11,00 won, 11,00 won, 1,000, 1,000, and 1,000.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by C;

1. A food price receipt;

1. Previous convictions: Criminal records, investigation reports (report on confirmation of crimes during the period of repeated crimes), each judgment, application of Acts and subordinate statutes concerning personal identification and confinement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, the Defendant committed the same kind of crime at the time after being released from prison, even though he had had the record of being punished as a crime of fraud due to the repeated taking-out of a number of times.

However, considering the fact that the amount of fraud is a small amount, the punishment as ordered shall be determined in consideration of the sentencing conditions, such as the age, character and conduct, environment, and circumstances after the crime.