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

Punishment of the crime

[Power of Crime, which is the reason for repeated crime] On June 16, 201, the Defendant was sentenced to imprisonment for one year for fraud in the Daegu District Court's Ansan Branch, and completed the execution of the sentence in the Ansan Prison on April 25, 2012.

【Criminal Facts】

On January 27, 2013, around 04:00, the Defendant showed the view that the Defendant would normally pay the price at the general restaurant called “E” operated by the victim D, which is operated by the victim D in the city of literature. The Defendant ordered the two weeks and the owner of the victim.

However, the defendant did not have any intention or ability to pay the price even if he was provided with the two weeks of birth and the consideration from the victim because he did not have any money in his possession.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with 186,000 won in total and 186,000 won in the market price, including the 60,000 Scambox and 80,000 won in the same place from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Receipts:

1. Criminal records: The current status of personal identification and confinement, and application of each of the judgment statutes; and

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of punishment: although the defendant paid 180,000 won to the victim, it is obvious that the defendant has a high number of criminal records for the same kind of crime, and even if he has already been sentenced to a fine due to the same crime during the period of repeated crime due to the same crime, he/she again reaches the crime of this case, and thus, the purpose of punishment cannot be satisfied. Thus,

1. Article 35 of the Criminal Act among repeated crimes;