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

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court on December 30, 2008 and completed the enforcement of the sentence on July 28, 2009 in the Seoul Southern District Court on July 28, 2009, and was in the state that the Defendant lacks the ability to discern things or make decisions due to proof of alcohol existence, etc.

1. On July 31, 2011, around 11:25, 201, the Defendant ordered the victim to each of both prime and Switzerland, respectively, at the “Eju” operated by the victim D in Goyang-gu, Soyang-gu, Goyang-si C.

However, the defendant did not have the intention or ability to pay the price even if he received an order of alcohol and safeness.

The Defendant was provided with alcohol and food equivalent to KRW 400,000,000 at the market price, such as the two-way disease, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 22, 2012, around 22:00 on July 22, 2012, the Defendant ordered the Victim G to be located in the Hju located on the first floor F in Goyang-dong-dong, Yongsan-gu, Goyang-si and ordered the Victim G to be located in both weeks.

However, the defendant did not have the intention or ability to pay the price even if he received an order of alcohol and safeness.

The Defendant was provided by the victim with alcohol and alcohol equivalent to 3.50,000 won at the market price, such as Scarblu, one branch of Scarblu, and one branch of Scarblu.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police officer's statement about D and G;

1. Each statement of D and G;

1. Each receipt; and

1. Previous records: Application of Acts and subordinate statutes to the accused's legal statement, inquiry into criminal and investigation records, investigation reports (former and previous rulings), the status of accommodation of individuals in prison, investigation reports (verification of the period of repeated crimes);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor);

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

1. Statutory mitigation is a mental and physical disability under Articles 10(2) and 55(1)3 of the Criminal Act.