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

Punishment of the crime

[Criminal record] On March 30, 2018, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. in the Daejeon District Court’s Incheon District Court’s Branch on August 19, 2018 and completed the execution of the sentence in the astronomical Prison on August 19, 2018.

[Criminal facts]

1. On September 20, 2018, the Defendant ordered the payment of the price under “D” operated by the Victim C in Suwon-si, Suwon-si, the Defendant, around 13:00 on September 20, 2018.

However, the defendant did not have an intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the injured party because he did not have cash or credit card.

The defendant was provided with beer and beer with beer and beer with beer with an amount equivalent to 95,000 won in total from the damaged person.

2. On September 21, 2018, the Defendant ordered “G” restaurant operated by the Victim F in Suwon-si, Suwon-si, Suwon-si, the Defendant issued an order for alcohol, food, etc., as if he would pay the completion, at around September 21, 2018.

However, the defendant did not have the intention or ability to pay the price even if he received alcohol, food, etc. from the injured party because he did not have cash or credit card.

The defendant was provided with the 24,900 won in total from the damaged party, and acquired the ridges, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of H and C;

1. Receipts (G);

1. Data to capture the place of occurrence, photographs and CCTV images;

1. A investigation report (verification of CCTV video data in the place of generation), and a CD of “G CCTV video data”;

1. All on-site photographs;

1. Receipts (D);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report of investigation (A), and application of Acts and subordinate statutes;

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

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.