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

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court on February 4, 2016 and completed the execution of the sentence on June 12, 2016.

[Criminal facts] Between 00:00 on June 17, 2016 and 01:50 on around 00:0, the Defendant entered the “E” operated by the victim D in Nam-gu Incheon Metropolitan City, Seoul.

The attitude that seems to pay the price normally was shown, and the alcohol and the alcohol were ordered.

However, since the defendant knew that he did not possess cash or cards, etc. from the time of entering the above drinking house, the defendant did not have the intent or ability to pay the food cost even if he orders the drinking and drinking house as above.

The Defendant was provided by the injured party with alcoholic beverages and food equivalent to KRW 254,00,00, including 8 Cerriju, 1 Cerriju, 1 Cerriju, 1 Cerriju, and 1 Cerriju.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Simplified receipts, on-site photographs;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A), investigation report (the criminal suspect A, repeated crime, and report on the same criminal record);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] General frauds of category 1 (less than KRW 100 million) and the aggravated area (one year to two years and six months) (person subject to special aggravated punishment) of the same type;

2. The Defendant, who has been sentenced to sentence, has several times the record of punishment, including the record of having been sentenced to imprisonment for the same kind of crime.

In addition, the same crime was committed again at the time when one week has not passed since the execution of punishment was completed.

The victim did not recover from damage.

However, the fact that the defendant recognizes his/her crime and is against himself/herself, the fact that the amount of damage is relatively minor, etc. shall be considered as favorable circumstances, and the character, character, environment, etc. of the defendant.