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

Punishment of the crime

On May 26, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months at the Ulsan District Court for habitual fraud, etc.

6.3. The ruling becomes final and conclusive and currently during the suspension of execution.

In addition, on December 15, 2009, the same court issued a summary order of KRW 500,000,000 as a penalty for fraud; on November 29, 201, the same court issued a summary order of KRW 700,000,000 as a penalty for fraud; on June 10, 201, the same court issued a summary order of KRW 3 million as a penalty for fraud; on March 11, 2014, the same court issued a summary order of KRW 1 million as a penalty for fraud; on April 21, 2014, the same court issued a summary order of KRW 500,000 as a penalty for fraud; and on July 15, 2015, the same court issued a summary order of KRW 500,000,000 as a penalty for fraud.

The Defendant, around 03:30 on July 12, 2016, conducted as if the Defendant would pay the price to the victim at E entertainment tavern 3 times operated by the victim D (the age of 40) located in Ulsan-gun, Ulsan-gun, and received alcohol and alcohol equivalent to 3.90,000 won at the market price, such as Yangju 2 disease.

However, at the time of fact, the defendant did not have money, and there was no intention or ability to pay the money even if the victim was provided with alcohol and alcohol.

Accordingly, the defendant was habitually accused of the victim and was provided with property amounting to 3,90,000 won from the victim's seat.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Invoice;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the criminal records, the method of crime, and the same kind of crime are repeated;

1. Articles 351 and 347(1) of the Criminal Code of the relevant criminal facts, the defendant's reasons for sentencing choice of imprisonment with prison labor are subject to suspended sentence for the same kind of crime, and it is inevitable to impose a sentence immediately after being sentenced to suspended sentence for the same crime. However, the above crime appears to be due to the defendant's proof of alcohol existence, and the defendant also shows his intent to recognize and improve his problem.