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

Punishment of the crime

On June 30, 2016, the Defendant was sentenced to 8 months of imprisonment for habitual fraud in the assistance in the installation of a method of flood control, and on January 6, 2017, the enforcement of the sentence was terminated, and the record of fraud was around 30 times more.

At around 16:00 on July 2, 2017, the Defendant received an order from the victim as if he did not have any intent or ability to pay the drinking value due to the supply of basic living under water, and even if he did not have any intent or ability to pay the drinking value due to his daily life, the Defendant received an order from the victim as if he would normally pay it to the victim, and the Defendant received an amount equivalent to KRW 50,000,000,000,000,000 from the victim, namely, the total market price of KRW 17,000,000,000,000 from the victim.

Accordingly, the Defendant was habitually supplied 50,000 won in total and alcoholic beverages from the injured party, as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts and field photographs;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Attachment to the judgment, etc.), and personal confinement status;

1. Habitualness of judgment: The application of statutes to recognize dampness in light of the fact that the criminal defendant has already been sentenced to imprisonment several times due to fraud or habitual fraud, and that the criminal defendant committed the same crime in this case during the repeated crime period since the execution of the final punishment has not been completed;

1. Relevant legal provisions of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] In the case of habitual offenders who are the special aggravation area (one year to three years) of category 1 (less than KRW 100 million) (one year to nine months) [Special Aggravation], the same repeated crime [decision] has the record of having been punished several times for the same kind of crime, and the defendant committed the crime of this case during the period of repeated crime, it is inevitable to sentence sentence equivalent to the responsibility for the crime against the defendant.