A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On April 29, 2016, the Defendant was sentenced to nine months of imprisonment for fraud at the Jeju District Court, and completed the execution of the sentence at Jeju Prison on November 17, 2016.

[Criminal facts]

1. On January 5, 2017, around 20:20, the Defendant boarded a D taxi operated by the victim C (52 years of age) in the vicinity of the Jeju-si, Jeju-do, and acquired pecuniary benefits equivalent to the said amount by failing to pay KRW 7,100, while allowing the victim to operate the taxi to “E” without any intent or ability to pay the taxi expenses.

2. On January 5, 2017, the Defendant obtained pecuniary benefits equivalent to the amount of KRW 240,00 on the ground that: (a) around 21:40 on January 5, 2017, the Defendant did not pay the alcohol value even though he/she did not have any intent or ability to pay the alcohol value from the main point of “H” in the operation of the Victim G (W, 56 years old); and (b) was provided with the sum of KRW 240,000 on the two weeks, and the Defendant did not pay the said value.

3. On January 6, 2017, at around 00:00, the Defendant obtained pecuniary benefits equivalent to the same amount by failing to pay the alcohol value, even though he/she did not have an intent or ability to pay the alcohol value in the “K main store” operated by the Victim J (I, 54 years old), and by failing to pay the said value.

In this respect, the defendant had taken property benefits by deceiving victims habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of each damage set forth in C, G and J;

1. Each related photograph;

1. Relevant receipts:

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (related to suspects and 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. Articles 351 and 347 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is the pleading of the instant case.