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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On September 26, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. in the branch court of the Gwangju District Court on October 7 of the same year, which became final and conclusive on January 30, 2015, and completed the execution of the sentence on April 20, 2015.
[2] The Defendant: (a) committed an act in the main place of a crime but did not have the intent or ability to pay the price properly; and (b) committed an act as if he were to pay the price; and (c) received the alcohol and the alcohol.
1. On May 30, 2015, the Defendant: (a) was provided with drinks and breaths equivalent to KRW 24,000, by deceiving the victim as if he/she would pay the amount to the victim; (b) around 02:10 on May 30, 201, at the main point in the management of the victim located in Sinpo City D.
2. On June 2, 2015, the criminal defendant against the victim E was provided with alcohol and alcohol equivalent to KRW 160,000, by committing the act as if he/she would pay the amount to the victim at around 20:00.
3. On June 11, 2015, the Defendant: (a) committed an act as if he would pay the amount to the victim; (b) by deceiving the victim as if he would have paid the amount to the victim; and (c) provided the victim G with alcohol and alcohol equivalent to KRW 56,000.
Accordingly, the defendant deceivings the victims, and received a total of KRW 240,000 from the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of C, E, and G;
1. Receipts for respective damages;
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, one copy of personal identification and acceptance status, one copy of search of the case of the Supreme Court, the suspension of execution of 33 early 2015, and the application of Acts and subordinate statutes of investigation report (Attachment to a suspect A judgment);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [Defendant-Appellant]