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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On April 1, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court on April 1, 2015, and completed the enforcement of the sentence at the Incheon Detention House on June 4, 2015.
1. On June 22, 2015, the Defendant: (a) around 222:00 on June 22, 2015, at the “E cafeteria” restaurant operated by the victim D (hereinafter “E”); and (b) on the fact, the Defendant issued an order for drinking and food to the victim with an intention or ability to pay the price even if he/she orders drinking and food; (c) ordered the victim to pay the price in a normal manner; and (d) obtained the victim with an alcoholic beverage and food equivalent to the sum of 16,00 won, including one beer and one beer, from the victim’s place.
2. On June 23, 2015, the Defendant: (a) around 22:00 on June 23, 2015, 2015, at the victim G, operated by the victim G in the Southern-gu Incheon Metropolitan City, “H”; (b) the Defendant, despite having ordered alcohol and food, took an attitude to pay the price normally even though he did not have the intent or ability to pay the price; (c) ordered the victim to drink and food; and (d) obtained the victim with an alcoholic beverage and food amounting to KRW 18,00,000, including 1,000, 1,000, 1,000, from the victim’s place.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of G or D;
1. Prior ruling: Application of a reply to criminal records and statutes;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (the point of fraud and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. Of the concurrent crimes, among the concurrent crimes, the reasons for sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are too same to the accused.
After the release, recidivism was committed for a long time.
Punishment is inevitable.
It is so decided as per Disposition in consideration of the minor amount of damage.