A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On August 24, 2017, the Defendant was sentenced to one year of imprisonment for fraud in the support of Suwon Friwon, and the execution of the sentence was terminated at the Innju prison on April 23, 2018.

[2] On July 8, 2018, the Defendant: (a) around July 23:45, 2018, at the “E” drinking house managed by the victim D in Gangnam-gu Seoul Metropolitan Government, the Defendant: (b) committed the act as if he would pay the drinking value in a normal manner despite the absence of the intent or ability to pay the drinking value; and (c) ordered the victim to pay the drinking value.

However, the defendant did not have the intent or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the injured party.

Ultimately, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to the sum of 34,760 won from the victim, namely, the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to hear statements by victim D phone);

1. A list of sales slips;

1. A written statement of the victim;

1. Previous convictions indicated in the judgment: One copy of the current status of acceptance by individuals, one copy of the judgment, one copy of the search details of integrated cases, and the application of Acts and subordinate statutes after inquiry;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines: In the case where a person intentionally commits a deceitful act in the reduction area (one month to one year) (special mitigation or increase) of the reduction area (one year to one year) of the type 1 (the scope of the recommended punishment) from one month to one year [the scope of the recommended punishment] of the imprisonment, or the degree of the deceptive act is weak, the penalty is not imposed, or the same repeated crime is recovered from considerable damage / In the case where the degree of the deceptive act is weak;

3. Determination of sentence: Imprisonment with prison labor for six months has repeatedly committed the same offense during the period of repeated crimes of the same criminal record, and the nature of the offense is not good;

However, the fact that the defendant's mistake is against the defendant, and that the amount of damage is small and the victim does not want punishment is favorable.

(b) other.