A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On January 18, 2001, the Defendant was sentenced to imprisonment for a habitual fraud at the Incheon District Court on August 18, 2001; imprisonment for a habitual fraud at the Seoul Southern District Court on August 1, 2002; imprisonment for a period of eight months in Seoul East District Court on September 13, 2004; imprisonment for a period of eight months in Seoul Eastern District Court on January 13, 201; imprisonment for a period of four months in Gwangju District Court's Netcheon Branch on January 13, 2012; and imprisonment for a period of six months in the Jeju District Court on September 23, 2015; and imprisonment for a period of six months in the Jeju District Court on February 15, 2016.

On June 15, 2016, at around 02:00, the Defendant: (a) expressed a speech or behavior as if he did not have an ability or intent to pay the drinking value; (b) induced the victim; and (c) did not pay the same amount of monetary benefits even if he was supplied with alcohol and alcohol equivalent to KRW 2:40,00,00 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Invoice;

1. On-site photographs;

1. A report on investigation;

1. Previous convictions: One copy of a written reply to inquiry, such as criminal history, (A), a criminal investigation report (report attached to the current status of acceptance by an individual, and a report attached to the same criminal suspect's judgment), one copy of the current status of acceptance by an individual, a sentence of judgment,

1. Habitualness of judgment: Application of the statutes that recognize the commission of fraud in light of the fact that not only has been punished several times for fraud by the same method, but also has continued to commit the crime of fraud even after the release;

1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

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

1. In the case of habitual offenders who are in the area of special aggravation (one year to three years) (one year to nine years) of the special aggravation (in the case of special aggravation) of the sentencing criteria [the scope of the recommended punishment] general fraud, the same repeated crime of the same kind; and

2. The Defendant, who has been sentenced to punishment for the same kind of crime in the past, has been subject to punishment for a repeated crime.