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

Punishment of the crime

On May 7, 2012, the Defendant was sentenced to a two-year suspended sentence to six months of imprisonment for fraud at the Seoul Southern District Court on May 12, 2012, and the said judgment became final and conclusive on May 12, 2012, but the said suspended sentence was revoked on August 12, 2012 and the execution of the said sentence was terminated on January 18, 2013.

On September 14, 2013, at around 16:20, the Defendant entered the “E” restaurant operated by the victim D (n, 50 years of age) located in Seocho-gu Seoul Metropolitan Government, with no intent or ability to pay the food value, and ordered food to the above victim as if he would pay the food value, and then acquired it by false information from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Sales slips;

1. Previous records: Application of criminal records, etc., investigation reports (Attachment to criminal records, copies of repeated crimes against a suspect, etc., and copies of written judgments), and Acts and subordinate statutes concerning the number and accommodation of each individual;

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

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

1. The scope of punishment by sentence: Imprisonment for not more than 20 years;

2. Advice and sentence on the sentencing criteria: One year of imprisonment - two years and six months (the selection of an aggravated area among the types of general fraud (the same type of repeated crime));

3. Determination of sentence: The reason for three months of imprisonment: although the amount of fraud by a criminal defendant is a small amount, the criminal defendant has been sentenced to imprisonment for six months and two years of suspended sentence for fraud on May 7, 2012, but the criminal defendant was sentenced to imprisonment for six months and two years of suspended sentence on August 12, 2012, but was sentenced to the suspended sentence upon cancellation of suspended sentence on August 12, 2012, and again after release on January 18, 2013, he/she was sentenced to a sentence by taking into account the fact that he/she committed the crime of this case at the time of the release on January 18, 2013, and was sentenced to a lower sentence than the recommended sentence on the sentencing guidelines: Provided, That the amount of fraud is a small amount, and the criminal act was committed once, taking into account the fact that he/she

(b) for more than one year.