On March 3, 2006, the Defendant was sentenced to imprisonment of one year and four months with prison labor for habitual fraud, etc. at the Jung-gu District Court on July 16, 2008 and ten months from the Jung-gu District Court on January 23, 2014; on March 24, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud at the Jung-gu District Court on March 19, 2015; on October 19, 2015, the execution of the sentence was completed; on January 11, 2016, the Defendant was sentenced to three months from imprisonment with prison labor at the Jung-gu District Court on February 15, 2016.

On February 23, 2016, around 20:20, the Defendant issued an order for alcoholic beverages and alcoholic beverages as if the Defendant would pay the price to the victim E, who operates the above main points, at the point of “D” located in Speaker C.

However, the defendant is not in possession of money at the time and has no intention or ability to pay the money.

The Defendant, as such, by deceiving the victim, received delivery of alcoholic beverages and alcoholic beverages equivalent to the total amount of KRW 175,000 won and alcoholic beverages equivalent to the market price of KRW 20,000, KRW 20,000, KRW 5 bottled alcoholic beverages equivalent to the market price of KRW 15,000, and KRW 40,000, KRW 175,000 from the injured party.

Accordingly, the defendant was habitually given property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Receipts:

1. Previous convictions: Inquiry into criminal history and investigation reports (a copy of the said judgment attached thereto, a report thereon, and confirmation of criminal records for repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant legal provisions of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] In the case of habitual offenders who are the special aggravation area (one year to three years) of category 1 (less than KRW 100 million) (one year to nine months) of the special aggravation area (special aggravation), the circumstances of the same repeated crime [decision of sentence] disadvantageous to the defendant are the same kind of crime.