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

Punishment of the crime

[Criminal Records] The Defendant was sentenced to eight months of imprisonment with prison labor for fraud, etc. at the Incheon District Court on May 6, 2015 and has been sentenced to the same year.

9. 27. At the Incheon detention center, the enforcement of the sentence was terminated.

[2] On July 31, 2016, around 06:15, the Defendant issued an order for alcohol and alcohol such as C, respectively, to the Defendant, at the main point of “A” operated by the victim D in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as if he would normally pay the price, and to the employees E, “Clolost” and “Clost 6 C, 17 years,” and “Clost 17 years,” respectively.

However, the Defendant did not have any money under way except cash 27,750 won, and there was no other property or occupation in the Defendant’s name, and there was no intention or ability to pay the said money even if the Defendant was provided with the foregoing alcoholic beverage and alcohol from the above E.

As above, the Defendant deceiving the above E and was provided with alcohol and alcohol equivalent to KRW 394,00 in total to the market price of “Clost,” the market price of which is equivalent to KRW 90,000,000, the market price of which is equivalent to KRW 330,000, the victim owned by E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Account statement and investigation report (money and valuables possessed by the suspect);

1. Previous conviction: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, confirmation of criminal records and the same records during the period of repeated crime, text of judgment and current status of confinement;

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 sentence according to the sentencing guidelines [the scope of the recommended sentence] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the same type of repeated crime;

2. Not only has the record of having been punished more than twice for the same crime, but also the crime of this case is a repeated crime of the same kind, and the damage recovery or no agreement has been reached.