A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 6, 2016, the Defendant was sentenced to six months of imprisonment for habitual fraud at the Cheongju District Court, and completed the execution of the sentence on February 5, 2017.

On February 5, 2017, the Defendant ordered the victim E, who is an employee without the intent or ability to pay the drinking value at the “D” entertainment offer store located in “D” entertainment offer store located in “D” on February 5, 2017 and acquired financial benefits equivalent to KRW 330,000, such as two weeks per week, by ordering the victim E, who is an employee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Receipts:

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, reports on suspects-related judgments, etc.;

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 [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] In general fraud [1-2 years and six months] [1-2 years] of the aggravated area (the special aggravation of punishment]] the same type of repeated crime [the decision of sentencing] is contrary to the defendant, and the defendant shows his intention to treat alcohol addiction, but the same crime was committed on the day when he was released from the prison after being sentenced to punishment for habitual fraud.

In particular, the crime of this case is a crime that did not provide entertainment loans at the main point and did not pay the price after drinking at the main point, and cannot be seen as a crime due to living conditions, so the crime of this case is more poor.

In light of the past record of the crime sentenced to punishment for various crimes, 30 times more than 10 times, and the past record of repeating the crime again after the release, it is difficult to find out the situation from the defendant, and there is a considerable concern about recidivism.

In light of the above circumstances, the sentencing conditions indicated in the records, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered as ordered.