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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] The Defendant was sentenced to imprisonment with prison labor for a habitual fraud at the Changwon District Court on November 30, 2007 and on December 9, 2009, to imprisonment with prison labor for a crime of habitual fraud at the Changwon District Court’s Tong branch on April 28, 2010; imprisonment with prison labor for a crime of habitual fraud at the Changwon District Court’s Tong branch on December 20, 2010; imprisonment with prison labor for four months on December 20, 2010; imprisonment with prison labor for a crime of habitual fraud; and on October 25, 2012, for eight months at the Changwon District Court’s branch on March 3, 2013.
【Criminal Facts】
At around 22:20 on April 1, 2013, the Defendant ordered the payment as if he did not have an intention or ability to pay the price even if he was provided with alcohol, salutism, etc., and he received the sum of KRW 360,000, such as entertainment of KRW 60,000 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (personal records and report on the current status of confinement);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. According to the sentencing guidelines under Article 35 of the Criminal Act among repeated offenders, the Defendant is recommended to be sentenced to one year to two years and six months (the recommendation of the aggravated area of the type of crime (the recognition of the same type of repeated crime as a special aggravation factor)). The above special aggravation factor and the injury have not been recovered, considering the fact that the Defendant has a large amount of criminal power in the same kind of crime, and considering the sentencing factors disadvantageous to the Defendant that are relatively small amount of damage, the sentencing factors favorable to the Defendant shall be considered.
Other grounds for sentencing, such as the age, motive, etc. of the accused, shall be determined in the same manner as the order.