A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 28, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the District Court for the purpose of fraud, and the execution of the sentence was terminated on November 16, 2017.

On January 7, 2018, the Defendant ordered alcohol, alcohol, etc. in the “E” of the victim D’s operation in the Gyeonggi-si, Gyeonggi-do.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the injured party.

Defendant deceptioned the victim as above and obtained 222,00 won from the victim, 15 Macju, ham, sabling, etc., 4 sick and sabling services, etc. from the victim, thereby deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each description and image of a receipt, on-site photograph;

1. Previous conviction: Application of each Act or subordinate statute stated in the judgment: Copy of the certificate of confinement, inquiry of inquiry, such as criminal history, report on the results of previous conviction, investigation report (the same criminal suspect's fraudulent judgment), and the current status of confinement of each individual;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment by law] The punishment of punishment is imposed [the scope of punishment by law] 20 years or less [the total sum of gains] (in addition, based on the total sum of profit amounts] (the person subject to special sentencing] increased element of general fraud among the group of fraud crimes / [the person subject to special sentencing] increased area: The same repeated crime [the scope of recommended punishment] increased area: From one year to two years and six months; the defendant, who was sentenced to imprisonment for a crime of fraud, was again committed the crime of fraud of this case within the period of repeated crime after the execution of the sentence was completed.

Therefore, the defendant is sentenced to imprisonment.

However, in consideration of the fact that the defendant is against the confession of the crime and the fact that the amount of the defrauded of this case is about 0.2% lower in the section where the sentencing guidelines are set, one year has passed after the imprisonment, which is the lowest limit of the sentencing range recommended in the sentencing guidelines, was set.