A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On January 10, 2013, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court, and completed the execution of the sentence in the Western District Court on December 21, 2013.

【Criminal Facts】

On February 21, 2014, at around 03:00, the Defendant ordered beer 15 illness, 1 illness, 1 week, 1 week, etc. while driving as if he/she had the intent or ability to pay the drinking value at the “E” point of the “E” point of the operation of the Victim D, E, which is located in Masung C.

However, the defendant did not have any intention or ability to pay the drinking value even if he orders alcoholic beverage and alcohol.

The Defendant, as seen above, by deceiving the victim, received from the victim a total of KRW 4,30,00,00 from the victim, namely, alcoholic beverages and know-how.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records before ruling: Application of inquiries, such as criminal records, and investigation reports (Evidence List No. 6 and 7)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. A person who is specially under mitigation area (one month to one year of imprisonment): A person subject to special mitigation of identical repeated crimes in the area of mitigation (one month of imprisonment): A person subject to special mitigation of punishment for the same type of crime: A person subject to no penalty, who commits a fraud group-general fraud-10 million won or less;

3. Determination of sentence shall be sentenced in consideration of the fact that the defendant committed the crime of this case during the period of the same repeated crime, and the sentence shall be determined as ordered within the scope of recommendation, taking into account the fact that the amount of damage of this case is limited to KRW 430,00,000 and that the victim agreed smoothly with it