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

Punishment of the crime

[criminal records] On June 24, 2013, the Defendant was sentenced to one year of imprisonment for habitual fraud in the credit support of Suwon Franchisium, and on September 12, 2014, the same court was sentenced to one year of imprisonment for habitual fraud; on December 8, 2015, the same court was sentenced to eight months of imprisonment for habitual fraud; and on May 31, 2016, the execution of the said sentence was completed in the said prison.

[2] On June 15, 2016, at around 04:00, the Defendant: (a) did not have a cash or credit card, etc., even if he/she issued an order to pay the price, and thus, did not have an intent or ability to pay the price; (b) ordered the victim to pay the price; and (c) issued an order to provide the victim with an alcoholic beverage and the alcoholic beverage; (d) the Defendant was provided with an alcoholic beverage amounting to KRW 150,00,00 from the victim; and (e) the Defendant did not pay the price to the Defendant; and (e) did not pay the price to the Defendant, the Defendant acquired pecuniary benefits equivalent to the amount of the said amount.

Accordingly, the defendant acquired property benefits from habitual damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A price receipt;

1. On-site photographs;

1. A previous conviction: A reply to inquiry, such as criminal history, a report on investigation (the confirmation of a criminal suspect, a repeated crime and the same records), and an inquiry about the identification thereof;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. The reason for sentencing under 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 (one year to two years and six months) [the special aggravation] of the aggravated area (one year to two years] [the defendant] of the same repeated crime [the decision of sentencing] is not less than one month after the completion of execution of the punishment, despite the fact that the defendant had been punished several times for the same crime.