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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[criminal records] The defendant was sentenced to two years of probation on November 24, 2017 by the Incheon District Court for criminal fraud, which became final and conclusive on December 2, 2017.
around 08:00 on December 29, 2017, the Defendant ordered alcohol, alcohol, etc. to be paid normally to the victim, even though he/she was provided with alcohol, alcohol, etc., even though he/she did not have the intent or ability to pay the price.
As above, the Defendant: (a) by deceiving the victim as above; (b) had been provided with 20 Macju 20,000 won in total from the victim’s seat (60,000 won); (c) 1 Byungju (10,000 won); (d) 2 Macju (50,000 won); (e) singinginging services (10,000 won); and (e) 330,000 won.
Around 15:00 on December 30, 2017, the Defendant, “2018 Highest 251” / [criminal history], the fact at H where a victim G in the Nam-gu Incheon Metropolitan City, working as an employee, was provided with alcohol and food, and as if the victim did not have an intent or ability to pay the price, he/she deceivings the victim as if he/she would normally pay the price to the victim, and was provided with one son, etc. at one time per the total market price of 37,000 won from the victim.
Summary of Evidence
1. The defendant's statement at court (2018 highest 115);
1. Written statements of D: "2018 Highest 251";
1. G statements;
1. Previous convictions: Application of the Acts and subordinate statutes as a result of judgment and search of prisoners;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. A person who has been subject to special mitigation [one year] special mitigation area of punishment in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes [the grounds for sentencing] of Article 38(1)2 and Article 50 of the Aggravation of Concurrent Crimes] : A person who is not subject to punishment or whose damage has been inflicted upon him/her at the time of release of his/her prison prison hall (the decision of the sentence that was revoked) commits a second offense with the awareness of a warning of suspension of execution or an order