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

Punishment of the crime

On January 24, 2019, the Defendant was sentenced to ten months of imprisonment for fraud in the Suwon District Court's Ansan Branch, and completed the execution of the sentence on August 28, 2019.

On September 10, 2019, around 21:35, at the main point of the "D" of the victim C's operation in Goyangdong-gu, Yongsan-gu, Yongsan-gu, Goyang-si, the Defendant: (a) committed an act as if he did not have the intent or ability to pay the price but would normally pay the price; (b) ordered the person to pay the price; (c) and (d) received from the victim the same as the victim, and acquired the same by deception.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Summary receipt;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with prison labor for one to two years;

2. The sentence has already been imposed and has been sentenced to criminal punishment for fraud, such as an indeption of the sentence, and the sentence is inevitable as the punishment is imposed, even though it is a repeated crime period.

However, the fact that the scale of damage is not so significant, and that severe drinking habits has influenced the crime, and that the mistake has been reflected, etc., shall be considered as favorable circumstances.

In full view of all the circumstances revealed in the course of investigation and trial, such as the major sentencing factors, the age, social life relationship, and room for edification of the accused, the punishment lower than the recommended punishment according to the sentencing guidelines shall be determined.