A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On December 23, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud in the Changwon District Court's Busan District Court's Busan District Court branch on June 17, 2016, and completed the execution of the sentence.

On August 31, 2016, the same court was sentenced to eight months of imprisonment for the same crime and completed the execution of the sentence in the same prison on April 5, 2017.

On May 31, 2017, the same court was sentenced to six months of imprisonment for habitual fraud, and completed the execution of the sentence in the same prison on October 27, 2017.

On February 6, 2018, the court sentenced six months of imprisonment for fraud in the same court, and completed the execution of the sentence in the Changwon prison on May 11, 2018.

On October 12, 2018, the Changwon District Court was sentenced to six months of imprisonment for fraud in the Changwon District Court Msan Branch, and the execution of the sentence was terminated in the same prison on January 25, 2019.

【Criminal Facts】

At around 22:30 on February 14, 2019, the Defendant ordered food as if he did not have the intent or ability to pay the amount of fact in D’s operation, and received food and drink equivalent to KRW 68,500 from the victim, and received food and beverage in total from around that time until March 9, 2019, and acquired the victims’ property by habitually obtaining food and beverage equivalent to KRW 169,500 in total six times in the same manner as the list of crimes in the attached list of crimes from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, C, and F;

1. Each statement of G, H and I;

1. Each receipt, invoice, customer principal document, interim invoice, and invoice for food expenses;

1. Previous records of judgment: A statement of criminal records, probationary order, and copy of judgment, and one copy of personal confinement status;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes repeated in several times, etc. in the judgment;

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Legal provisions;