Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] The Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court on June 27, 2012 and completed the execution of the sentence on December 5, 2012.
[2014 Highest 832] On January 25, 2014, the Defendant ordered food to the victim while doing so within the E-cafeteria operated by the victim D in Suwon-si, Suwon-si, Suwon-si, as if they would pay the normal price.
However, in fact, the defendant did not have money and had no intention or ability to pay food to the victim from the beginning.
As such, the Defendant, by deceiving the victim, was provided with 18,00 won in total in market value, such as the 1studio, 1studio, 1studio, and 2nd disease in the bean Sea, thereby deceiving the victim.
[2014 Highest 3293] On June 5, 2014, the Defendant ordered food to the victim while working as if he would normally pay the H restaurant operated by the victim G in Seocho-gu Seoul, Seocho-gu, Seoul.
However, in fact, the defendant did not have money and had no intention or ability to pay food to the victim from the beginning.
The Defendant, as such, by deceiving the victim, received a total of 104,800 won of the market price, such as Anger 1 Scriju, Mariju 1, Mariju 1, and Mariju 1, and Mariju 1, and acquired it by deception.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Written statements of D;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment of judgment), and application of Acts and subordinate statutes on the status of custody and confinement of individuals;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the ground for the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) of the General Fraud (the scope of recommending punishment] [the defendant] of the same repeated offense (the decision of sentencing].