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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On August 14, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for non-compliance, etc. in Seoul Southern District Court on March 17, 2020.
At around 14:00 on July 19, 2020, the Defendant ordered the victim’s alcohol and food to pay the price normally in the “D” operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government.
However, the defendant had no cash at the time, and there was no intention or ability to pay the price properly even if he received drinking and food from the victim due to no particular property or income.
The Defendant, by deceiving the victim as above, received from the victim one luminous conference equivalent to KRW 29,00,000 in total immediately, two bottles, one bottle of drinking water, one bottle of drinking water, and two confluence of air.
Summary of Evidence
1. Defendant's legal statement;
1. Application of C’s on-site photographs and statements under statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The circumstances that are favorable for sentencing under Article 35 of the Criminal Act among repeated offenders: The punishment as ordered shall be determined by comprehensively taking account of various circumstances, such as the fact that the criminal is recognized, the fact that the victim has repaid the food cost to the victim, the fact that the defrauded has committed a crime without being aware of the period of repeated crime, the fact that there are records of punishment that have been punished several times including the punishment for the same kind of crime, the fact that drinking is repeated and the risk of repeating the crime seems to be high, and the punishment specified in the records and arguments of this case, such as age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.