A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On February 4, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence in the Sungsung Vocational Training Correctional Institution on August 20, 2016.

【Criminal Facts】

On August 28, 2016, from around 20:30 to 07:20 the following day, the Defendant: (a) was placed at the “E” point operated by the victim D in Seoul Gwangjin-gu, Seoul; (b) was placed as if he did not have the intent or ability to pay the price even if he was provided with alcoholic beverages and liquors; and (c) ordered the victim to pay the price without having the intention or ability to pay the price; and (d) was placed on the part of the victim, the Defendant got the victim to receive alcohol and food equivalent to KRW 153,00,00 in total at the market price, such as beer 20 bottles, Yellowdo, and Hando 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Receipts and photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of repeated crimes of suspects, etc.), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommending punishment according to the sentencing guidelines [Scope of recommending punishment] general fraud (less than KRW 100,00) and the aggravated area (one year to two years and six months) (special person] of the same repeated offense;

2. Determination of sentence: In light of the fact that the defendant in June 201 was sentenced to 17 times or more including imprisonment for the same kind of crime only after 2011, and that the defendant committed the crime in this case at the time of the same kind of crime and 8 days only after the prison prison labor, and the lack of social ties, it is inevitable to sentence sentence on the defendant.

On the other hand, the defendant recognized his own crime, the amount of damage is relatively small, and the defendant committed the crime of this case in his own mind in a situation where it is not easy to engage in income activities after being released as the third grade of physical disability.