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

Punishment of the crime

[criminal history] On October 20, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on March 27, 2018.

[2] On April 11, 2018, the Defendant issued an order for beer 10 C and beer 10 C without any intention or ability to pay the price. The Defendant issued an order for beer 10 C and beer 10 C on April 11, 2018.

However, the defendant did not have any intention or ability to pay the above mentioned value.

As above, the defendant deceivings the victim and received a delivery of a total of KRW 193,00,00 from the damaged party.

On May 8, 2018, the Defendant: (a) around 18:30 on May 8, 2018, the Defendant: (b) committed an act as if he were unable to pay the drinking value because of the lack of money in the water from the “Pinkn's house” operated by the victim G in the Nam-gu Incheon Metropolitan City, and (c) was provided with 115,000 won of the market price from the victim, and acquired it by deception.

Summary of Evidence

"2018 Highest 2668"

1. Statement by the defendant in court;

1. Statement made by the police with D "2018 Highest 3564";

1. Statement by the defendant in court;

1. G statements;

1. Simplified receipts (before judgment), references to criminal history, etc., one copy of the relevant judgment, and the application of one copy of the relevant Acts and subordinate statutes;

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

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

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment stipulated in a crime of fraud against victim D with a heavier penalty) of the Criminal Act aggravated for concurrent crimes;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 30 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination], fraud, general fraud, and Type 1 (less than KRW 100 million) [person subject to special sentencing] increased factors: Imprisonment with prison labor for the same repeated crime (the scope of the recommended punishment] from one year to two years and six months (aggravated area).

3. Determination of sentence: The defendant shall be sentenced to imprisonment with prison labor for five months;