[2] On September 22, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Daegu District Court, and completed the execution of the sentence on February 22, 2017.

[Criminal facts] On April 5, 2017, the Defendant showed an attitude that the Defendant would pay the amount at the convenience store for the victim C’s operation located in Daejeon Dong-gu, Daejeon, Daejeon, as well as 1 canals that were displayed in the cooling house.

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However, there was no intention or ability to pay the price because cash is only 1,000 won in the number of the defendants and there was no other means of payment such as credit cards.

As a result, the defendant was delivered property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of a criminal suspect's previous offense);

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. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is 2,00 won or more, and the defendant led to the criminal investigation agency to commit a crime. However, even though the defendant was punished by committing the same kind of crime in several times since around 2002, the defendant lacks compliance consciousness, such as recommitting the crime without any particular awareness, and is highly likely to repeat the crime. The crime of this case is a crime during the period of repeated crime due to the same kind of crime, and other factors such as the defendant's age, occupation, family relation, sex behavior, environment, circumstances before and after the crime, etc., the punishment is determined as ordered by taking full account of the following factors, such as the defendant's age, occupation, and family relation, sexual behavior, and circumstances before and after the crime.