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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On February 6, 2014, the Defendant was sentenced to two years of imprisonment with prison labor by habitual fraud, etc. at the Seoul Western District Court on February 6, 2014, and completed the execution of the above punishment in the Ganpo Prison on April 14, 2015.
At around 02:30 on May 27, 2015, the Defendant habitually obtained alcoholic beverages equivalent to KRW 90,000,00,00,00 from the victim, who had no intention or ability to pay the alcohol value, as if he were to pay the alcohol value to the above victim, although there was no intention or ability to pay the alcohol value.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Specifications and on-site photographs;
1. Previous convictions: Criminal records and investigation reports (Attachment to rulings related to repeated crimes);
1. Habituality of the judgment: Application of the Acts and subordinate statutes to the dampness (the defendant and his defense counsel asserted not as habituality, but as long as the defendant has completed a punishment for the same kind of crime and committed the same crime only for one month, it may be recognized that habituality has been recognized) in light of the following: The records of each crime, the frequency of crimes, the frequency of crimes, and the repeatedness of the same kind of crimes in the judgment;
1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the choice of punishment;
2. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] General Fraud (less than KRW 100 million) and Article 35 of the Criminal Act (Article 35 of the Criminal Act) are mitigated (Article 1-1 year) (Article 1-1 year (Special Mitigation)] / Decision not to punish the defendant] / In light of the fact that the defendant completed punishment for the same kind of crime and led to the crime of this case only one month and less than one month, the nature of the crime is poor, but the amount of damage agreed with the victim is minor, etc., the punishment as ordered shall