beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On September 18, 2015, the Defendant was issued a summary order of KRW 300,000 as a crime of fraud at the Busan District Court’s Dong Branch Branch, and was a person who had had a total of 10,000 won of fraud, and had a total of 10,000 won of fraud, and was sentenced to six months of imprisonment with prison labor at the Suwon District Court on August 30, 2019, and completed the execution of the sentence at the Suwon Detention House on December 12, 2019.
【Criminal Facts】
In fact, even though the Defendant did not have a valid means of payment such as cash or credit card, and did not have an intent or ability to pay the price even if he received alcoholic beverages, on September 22, 2020, the Defendant entered the “D” restaurant operated by the victim C in Busan Dong-gu, Busan, and ordered the employee E to pay the price normally, and then, the Defendant acquired property profits equivalent to the amount of the said amount by failing to pay the price even if he was provided with alcoholic beverages and eggs equivalent to the total market value of KRW 50,000 from E, and by failing to pay the price, from September 17, 2020 to September 04:50, 200.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry of respective receipts of the E, F, G, and H and investigation reports, namely, inquiries into requests for review (report on confirmation of the owner of fraudulent damage inflicted by fraud);
1. Previous records of judgment: Criminal records, inquiry reports, investigation status (verification of the same type of power, repeated crimes, and cases during trial period, etc.);
1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, the attack of crimes, and the fact that the same kind of crime has been continuously repeated;
1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the choice of punishment;
1. Article 35 of the Criminal Act among repeated crimes.