A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[criminal history] On April 12, 2017, the Defendant was sentenced to two months of imprisonment for fraud and six months of imprisonment at the Seoul Northern District Court, and completed the execution of the sentence at the original prison on September 30, 2017.

[2] On October 5, 2017, around 17:00 on October 5, 2017, the Defendant: (a) committed an act as if the Defendant would normally pay the victims D with the “E” restaurant operated by Seongbuk-gu Seoul Metropolitan Government Seoul; (b) ordered the victims to provide alcohol and food.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and food from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) provided the victim with 42,00 won in total at the market price in the same place; and (c) provided one hole at a luminous time, one hole.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Receipts:

1. Previous convictions: References to inquiries, such as criminal history, certificates of confinement, and application of the statutes governing the judgment;

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant led to confession and reflects the crime of this case, the amount of damage is minor. Meanwhile, the defendant was punished twice by imprisonment with prison labor, a fine of three times from March 2016 to April 2017 with prison labor due to fraud by an integrative operation, etc., and the defendant committed the crime of this case under the same several laws in the same manner as the released one after completing the execution of the final imprisonment, and committed the crime of this case, taking into account all the circumstances and sentencing guidelines shown in the records and changes theory of this case, the punishment shall be determined as ordered.