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

Punishment of the crime

【Criminal Power】 On April 13, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on October 31, 2018.

On April 13, 2018, the Seoul Southern District Court sentenced the defendant to six months for fraud and the crime of interference with business and stated Article 35 of the Criminal Act in the applicable provisions of indictment on July 12, 2018, on the premise that the execution of the sentence is completed.

However, on April 13, 2018, the Defendant was sentenced to six months of imprisonment with prison labor in Seoul Southern District Court for fraud, etc. and was released from detention by revocation of detention on July 12, 2018. The judgment became final and conclusive on October 31, 2018.

The execution of sentence is premised on the confirmation of judgment, and the execution of detention without detention is not immediately executed. Thus, even if the defendant was released by revocation of detention on July 12, 2018, it cannot be viewed as the termination of the execution of sentence. The execution of sentence was completed only when the above judgment became final and conclusive on October 31, 2018.

Therefore, each crime of the 2018 Highest 529, 2019 Highest 538, 2019 Highest 3502 does not constitute a repeated crime.

【Criminal Facts】 2018 Highest 529】

1. Around 13:00 on September 15, 2018, the Defendant ordered food at “D” restaurant operated by the victim C (n, 59 years of age) located in Gangseo-gu Seoul Metropolitan Government, and even if the Defendant ordered food because of the lack of money in water, he/she did not have the intent or ability to pay the price, and ordered food as if he/she would have paid the price for food.

The Defendant, by deceiving the victim as above, received food equivalent to KRW 32,00,00, in total, from the victim, such as murdering overlaps.

2. On September 15, 2018, the Defendant’s assaulted on the grounds that the Defendant did not pay the food cost to a person driving away from the Defendant, on the front day of Gangseo-gu Seoul Metropolitan Government E-gu. On September 15, 2018.