Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【The Defendant was sentenced to six months of imprisonment for fraud at the Gangnam Branch of the Chuncheon District Court on May 2, 2017, and completed the execution of the sentence in the Gangnam Prison on September 27, 2017.
【Criminal facts】 On December 2, 2017, the Defendant ordered alcohol and food at the main point of “E” operated by the victim D located in Gangseo-si, Gangnam-si, as if he would pay the normal price.
However, the defendant had no intention or ability to pay the price because he did not have the means of settlement such as cash or card, etc. at the time.
The Defendant was provided with alcohol and food equivalent to KRW 255,00 in total from the victim, i.e., KRW 255,00,00 from the victim, and from that time to January 5, 2018, by the same method as indicated in the list of crimes in the attached Form four times from that time.
Accordingly, the defendant was delivered property by deceiving the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to F, D, and G;
1. A H statement;
1. All on-site photographs;
1. Each receipt; and
1. Previous convictions: References to inquiries, such as criminal history, investigation reports (examination of whether a repeated crime is repeated), current status of confinement, and application of the text of the judgment;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Taking into account the fact that the instant crime was committed during the period of repeated crimes for the same kind of crime as the sentencing reason under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes, the fact that there are many records of having been punished for the same crime, and the fact that the damage has not been repaid;