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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 18, 2017, around 03:50 on August 18, 2017, the Defendant: (a) at the “E” entertainment drinking point operated by the victim C in Yong-gun, Chungcheongnam-gun; and (b) at the same time, the Defendant, despite having no intent or ability to pay the price even if he/she orders the alcohol and the alcohol, committed as if he/she would pay the price to the victim; (c) on the other hand, he/she received the alcohol and the alcohol from the victim; and (d) received the payment from the victim; and (d) obtained the monetary benefits equivalent to KRW 120,000,00 in total due to
2. On August 18, 2017, the Defendant: (a) around 23:50 on the part of the Victim F, the victim F, who was located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, had the victim F, who had no intent or ability to pay the price despite the owner’s order of alcohol and alcohol; and (b) the Defendant was aware that the victim would pay the price to the victim despite having no intent or ability to pay the price; (c) on the part of the victim F, the Defendant received the alcohol and alcohol from the victim; and (d) received the payment from the victim, who was provided with the entertainment reception; and (d) obtained the product equivalent to KRW 210,00
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and F;
1. Receipts and invoices;
1. Application of Acts and subordinate statutes to a report on internal investigation;
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. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] Article 1 type (100 million won or less) in the mitigation area (1 month or year to 1 year) [the person who is specially mitigated] where punishment is not imposed or considerable damage is recovered, the scope of sentencing comparison between punishment and recommendation: From January to 1 year [the decision of sentencing] even if the defendant had had the record of being punished for the same kind of crime several times, the defendant committed each of the crimes of this case, and even if the defendant had already been punished for the same kind of crime, the judgment of probation becomes final and conclusive.