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

Punishment of the crime

[Criminal Power] On January 18, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Daegu District Court’s Ansan Branch, and completed the execution of the sentence in the Daegu Prison on December 26, 2019.

[Criminal Facts] At around 01:20 on January 31, 2020, the Defendant showed an attitude that the Defendant would normally pay the drinking value to the victim C (n, 51 years of age) at the same time, and ordered the victim to provide alcohol and alcohol.

However, the defendant did not possess a credit card that can be used as a cash or a means of payment, so there was no intention or ability to pay the alcohol value.

Nevertheless, the Defendant, by deceiving the victim as such, was provided with alcoholic beverages in the amount of 540,000 won at the market price by deceiving the victim.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Arrest report on occurrence of the case, report on internal investigation (in relation to field photographs), and report on investigation ( telephone conversations with victims C);

1. Previous convictions: Criminal records, investigation reports (verification of suspect's records of the same kind), personal confinement status, copies of written judgments, and copies of summary orders;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Scope of punishment by law: One month to twenty years;

2. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with labor for one to two years, and six months.

3. The fact that the Defendant recognized and reflected the instant crime, and that the amount of damage caused by the instant fraud is relatively small, is favorable to the Defendant.

However, the defendant not only was punished several times for the same crime, but also is a repeated crime period for the same criminal record.