A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On November 26, 2014, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Suwon Flag Flag, and was sentenced to 22 times of fraud on September 17, 2015.

[Criminal facts]

1. On November 9, 2015, the Defendant: (a) on the main points operated by the Victim C in Ansan-si, around 21:00, the Defendant: (b) went through as if he had no intent or ability to pay the price even if he/she received an order for drinking; and (c) ordered an alcoholic beverage as if he/she had such ability; and (d) the Defendant was provided with alcoholic beverage and alcohol equivalent to KRW 40,000 at the market price from the injured party.

2. On November 19, 2015, the Defendant: (a) on the main points operated by the victim D, a victim D in Ansan-si, Ansan-si; (b) on November 19, 2015, the Defendant issued an order to provide alcohol as if he/she had the ability to pay the price, even if he/she did not have the intent or ability to pay the price; and (c) the Defendant received an order to provide alcohol and alcohol equivalent to KRW 32,00 in the market price from the victim.

As such, the defendant habitually acquired the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each receipt; and

1. Previous convictions: Criminal history inquiry, each investigation report (reports on attachment of repeated crimes, confirmation of the details of identification, attachment of the same force judgment, facts of repeated crimes, and confirmation of the same kind of force), and each written judgment;

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 fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Article 351 of the Criminal Act, Articles 351 and 347 (1) of the Criminal Act (including), and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (The Defendant asserted to the effect that at the time of committing each of the instant crimes, the Defendant was in a state of mental disorder, such as mental and physical weakness due to symptoms of alcohol dependence, etc., but this court duly adopted and recognized the aforementioned evidence.