A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 3, 2013, the Defendant was sentenced to eight months of imprisonment for fraud in the Incheon District Law, and completed the execution of the sentence in the Incheon District Detention House on May 13, 2014, and is currently in the period of repeated crime.

1. On September 14, 2014, the Defendant: (a) around 23:00 on September 14, 2014, the Defendant, who committed the crime, sent an attitude to pay the price normally even though he did not have the intent or ability to pay the price, and (b) ordered the victim E, who is an employee, to pay the price in a normal manner despite having the intention or ability to pay the price, and (c) received from the victim the sum of KRW 11,00,000 of the amount of high-water and the amount of 11,00,000 from the victim.

2. 2014. 9. 19. 범행 피고인은 2014. 9. 19. 11:00경 인천 남동구 F에 있는 피해자 G이 운영하는 H 식당에서, 사실은 술과 안주를 주문하여 먹더라도 그 대금을 지급할 의사나 능력이 없음에도 불구하고 마치 그 대금을 정상적으로 지급할 태도를 보이면서, 피해자에게 술과 안주류를 주문하여 이에 속은 피해자로부터 불고기 쌈밥과 맥주 1병 합계 11,000원 상당을 제공받아 취동액 상당의 재산상 이익을 취득하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement of E and I;

1. Text and invoice;

1. Previous convictions: Application of criminal records and investigation reports (Attachment of similar crimes, such as judgment of repeated crimes), and statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) of the General Fraud (one to two years and six months) [a person under special relationship] of the same repeated offense [a decision of sentencing] of the defendant is a repeated offense period due to the same crime, but it is strict in that the defendant committed the crime of this case.