A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the support for the development of the Suwon prison method, and completed the execution of the sentence on May 13, 2017 in the Ansan prison.

Criminal facts

On April 27, 2018, the Defendant ordered 200,000 won in total, 20,000 won in total, from the AJ main point operated by the victims AI in the Gu AH during Ansan-si around 21:20 on April 27, 2018.

However, the defendant had no cash at the time, and there was no intention or ability to pay the price even if he was provided with alcohol from the injured party.

The Defendant, as such, by deceiving the victim, was provided with two sicks and five sicks each week from the injured party.

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

around 00:30 on May 8, 2018, the Defendant ordered beer, etc. while doing so as to pay the drinking value normally, despite the absence of an intent or ability to pay the drinking value as the Defendant did not possess only KRW 8,000 as it did not possess only KRW 8,00,00.

The defendant deceivings the victim as above and was provided with an alcoholic beverage equivalent to 123,000 won in total and an alcoholic beverage and an alcoholic beverage equivalent to the market price from the injured party, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the police against AI;

1. Each statement of AI and AL;

1. Application of Acts and subordinate statutes to inquiry about criminal history, report on investigation (Attachment to judgment of repeated crime, etc.), text of judgment, and current status of personal confinement;

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

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have many records of punishment for the same kind of crime (the period in which the defendant was sentenced to punishment for the crime of fraud has several times) and re-offendered during the period of repeated crime.