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Defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
[criminal record] On August 25, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Support on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes, and on September 25, 2013, the Defendant was sentenced to three years and six months of imprisonment and completed the execution of the sentence on January 6, 2017, and the same criminal record is more than 17 times.
[Criminal facts]
1. On January 15, 2017, the Defendant habitually committed an order for beer and beer in an amount equivalent to KRW 40,000 in the market price to the victim D, which was operated by the victim D in South-gu, Nam-gu, Chungcheongnam-gu, Seoul, Seoul.
However, in fact, the Defendant did not have any money at the time of entering the said “EM,” and thus, the Defendant did not have any intent or ability to pay the said money even if he received an alcoholic beverage from the injured party.
As above, the Defendant: (a) by deceiving the victim as above; (b) received beer and beer at an amount equivalent to KRW 40,000 from the victim; (c) around that time to March 5, 2017, the Defendant was issued a total of KRW 558,00,00 from the victims in the same manner as in attached Table 1.
Accordingly, the defendant acquired the victims' property habitually over 15 times in total.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) ordered the victim D to beer and beer, such as the date and time, place, as described in paragraph (1), and as described in paragraph (1), and ordered the victim D to beer and beer, and the victim opened a bank on the part of the victim’s own in the toilet to take the victim’s 50,000 won in cash at the market price, which includes 50,000 won in cash. From around that time to March 5, 2017, the Defendant stolen the victims’ property at least 11 times in total as shown in attached Table 2.
Accordingly, the defendant stolen the victims' property habitually over 11 times in total.
Summary of Evidence
1. The defendant's legal statement [record].