A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] The Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court on November 10, 2014, and completed the enforcement of the sentence in the Incheon Detention House on January 15, 2015 and is currently under repeated crime period.

【Criminal Facts】

1. On February 1, 2015, the Defendant: (a) around 22:50 on February 1, 2015, at the “E” restaurant operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon; (b) the Defendant, despite having ordered alcohol and food, had an ordinary attitude to pay the price even though he/she did not have the intent or ability to pay the price; (c) ordered the victim to drink and food; and (d) obtained pecuniary benefits equivalent to the same amount after having been provided the victim with alcohol and food equivalent to KRW 20,00,00 for two persons for two persons for two years for three months for three months for three months for three months from the victim.

2. On February 3, 2015, the Defendant: (a) around 05:30 on February 3, 2015, committed the crime at the “H” restaurant operated by the injured party G in Seo-gu Incheon, Seo-gu, Incheon; (b) the Defendant, despite having ordered alcohol and food, had the intent or ability to pay the price even if he/she does not have the intention or ability to pay the price; (c) ordered the injured party to drink and food; and (d) the Defendant acquired economic benefits equivalent to the same amount after being provided with the injured party with an alcoholic beverage and food equivalent to KRW 11,00 per person per kimchi and food.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by D or G;

1. Each receipt; and

1. Previous records of judgment: Investigation report (Attachment of the previous records of the same kind and attachment of the judgment), criminal records, and application of Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) of the General Fraud [the person under special relationship] of the same repeated crime [the decision of sentencing] has not been passed since the defendant completed a life with the same type ofless crime and has been released from the military.