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

Punishment of the crime

[criminal records] On March 24, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the District Court of the Jung-gu District on March 24, 2015, and completed the execution of the sentence at the Ansan prison on October 19, 2015.

[2] On November 18, 2015, the Defendant ordered alcoholic beverages equivalent to KRW 155,00,00 in the sum of KRW 155,00,00 to the victim, including 5 C, 1 C, and 1 E, as if he/she had no intent and ability to pay the price, and as if he/she had paid the price, he/she received the payment of the price from the victim, and the Defendant received the payment of the said alcoholic beverages from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Receipts:

1. Each report on investigation;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a criminal suspect-related written judgment and summary order), personal identification/ confinement status by individual;

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

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

1. The scope of the recommended punishment according to the sentencing criteria / [type] the basic area (within 100 million won) of types 1 of general fraud;

2. The Defendant was sentenced to punishment more than ten times for the same kind of crime, and more than ten days after being released from the prison, and thus, again committed the instant crime during the period of repeated crime. Although the recovery of damage has not yet been achieved, it appears that the damage amount is relatively small, and the amount of damage is relatively small, it appears that the Defendant’s age, sex, family environment, motive and circumstance of the crime, motive and circumstance of the crime, method and consequence of the crime, etc., and did not observe the lower limit of the sentencing criteria and set the sentence like the order.