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

Punishment of the crime

[criminal history] On October 2, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and the execution of the sentence was terminated at the Incheon Detention House on December 23, 2015.

On June 15, 2017, the Defendant was sentenced to a fine of KRW 6 million as a habitual fraud in the Goyang Branch of the District Court, and the judgment became final and conclusive on the 23th of the same month.

around 00:00 on June 22, 2017, the Defendant ordered the two weeks each week at the point of “E” where the victim D works in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to pay the price.

However, the defendant did not have the means of settlement, such as cash, so that he did not have the intention or ability to pay the price even if he received alcohol from the injured party.

The defendant deceiving the victim as above and received property equivalent to KRW 180,000 from the victim, namely, KRW 150,000 from the victim, and KRW 1,50,000,000 from the victim.

around 15:00 on June 19, 2017, the Defendant ordered drinking and food to the victim “H” restaurant operated by the victim G in Bupyeong-gu Incheon, Incheon, as if he would pay the normal drinking value, etc. to the victim.

However, there was no intention or ability to settle the price even if he was provided with alcohol and food from the injured party because he is not in possession of cash or settlement card.

피고 인은 위와 같이 피해자를 기망하여 이에 속은 피해 자로부터 즉석에서 시가 합계 40,000원 상당의 매콤 쭈삼 2개, 계란 찜 1개, 소주 2 병, 맥주 1 병 등을 교부 받았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Previous convictions: Inquiries about criminal history, current status of personal confinement, sentence of judgment, and application of tax-related Acts and subordinate statutes to the case;

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

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

1. Aggravation concurrent crimes;