[criminal history] On January 29, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. by the Changwon District Court, and completed the execution of the sentence on February 4, 2015 at the Changwon Prison.

[2] On February 5, 2017, the Defendant: (a) on February 5, 2017, at D main points operated by the victim C, who is an employee of the victim C, around 05:30, in the same manner as he/she is on a vehicle parked in front of the main points; and (b) on the other hand, he/she shall calculate the drinking value.

‘False speech' was made.

However, the Defendant did not have any means of payment such as cash or card, so even if he received alcoholic beverages from the above E, the Defendant did not have any intent or ability to pay the amount.

The Defendant, by deceiving E as such, received alcoholic beverages equivalent to KRW 370,000,00 from E, such as 2 sick workers and Domina volunteer service charges.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the calculation statement and a detailed statement of the processing of reported cases; and

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment of repeated crime), and statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. From one month to twenty years of imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is general fraud (less than KRW 100 million) and the mitigation area (one month to one year) [the person who has been specially mitigated] is not subject to punishment, or damage equivalent to a considerable portion has been restored;

3. The fact that the Defendant, who was sentenced to sentence, committed the instant crime during the period of repeated crime, was punished several times by a fine due to the same type of crime in the former type of crime, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and appears to reflect, and the fact that the defendant paid damages to the victim and agreed to do so is favorable to the defendant.

The defendant's age, sex, environment, and age of the defendant.