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

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Chuncheon District Court, and the execution of the sentence was completed on December 6, 2016 at the Ansan Prison.

1. On January 22, 2017, the Defendant entered the E main points managed by the victim D with the victim D in the Southern-gu Incheon Metropolitan City C3rd floor around January 22, 2017.

As it is possible to pay the drinking value, the victim ordered the two weeks of the passage of 200,000 won in the market.

However, the defendant did not have any intention or ability to pay the drinking value even if the two shares were ordered due to the lack of cash and credit card at all at the time.

Nevertheless, the defendant deceivings the victim as above, and was issued to the victim with knife in the market price of 200,000 won.

2. On January 24, 2017, the Defendant entered the H main points operated by the victim G located in the Namdong-gu Incheon Metropolitan City on January 24, 2017.

As it is possible to pay the drinking value, the victim ordered the two weeks of the passage of 200,000 won in the market.

However, the defendant did not have any intention or ability to pay the drinking value even if the two shares were ordered due to the lack of cash and credit card at all at the time.

Nevertheless, the defendant deceivings the victim as above, and was issued to the victim with knife in the market price of 200,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. A receipt for each damage;

1. On-site photographs (CCTV image);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of previous convictions and judgments), application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria: Type 1 (less than KRW 100,00) in the area of aggravation (one year to two years) of the general fraud (special aggravation) (one year to six months) and the same type of repeated crime;

2. The defendant is subject to criminal punishment for the crime of fraud of the same type of organless confinement.