A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 18, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court, and completed the execution of the sentence on November 10, 2015.

On April 22, 2016, the Defendant: (a) received from the victim E a delivery of 1 Byung, 270,000 won in total, 270,000 won from the victim E despite having no intention or ability to pay the drinking value at D's main points located in Ora-si, Ora-si; (b) around 03:20 on April 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Receipts:

1. Taking photographs of the site and business permission, and taking photographs of money and valuables possessed by the suspect at the time of accompanying;

1. References to inquiries, such as criminal history, reports on the results of confirmation before and after the previous conviction, and application of Acts and subordinate statutes to report on investigation (the previous and attached reports);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] In general fraud [one year to two years and six months] / [Special Aggravation] the defendant has the history of having been punished several times for the same crime, even though the defendant was sentenced to punishment for the same crime, the defendant again commits a non-exclusive crime during the repeated crime period, and the victim's damage has not been recovered, it is inevitable to sentence the defendant to the punishment.

However, in light of the fact that the amount of damage is relatively small, the defendant's age, sex, environment, health status, family relationship, motive, means and result of the crime, etc., the punishment shall be determined as ordered by the decision of the court below by exceeding the scope of the punishment recommended according to the sentencing criteria, and by taking into account various sentencing conditions as shown in the arguments in this case, such as the circumstances after