A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Justice] On November 10, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the official branch of the Daejeon District Court, and completed the execution of the sentence in the official prison on February 17, 2017.

【Criminal Facts】

On October 16, 2018, at around 20:00, the Defendant committed as if he would pay the food value in the D cafeteria working for the victim C in Yongsan-gu Seoul Metropolitan Government, even though he did not have an intent or ability to pay the food value, and deceiving the victim, and was provided one of the annual fishing grounds in an amount equivalent to 28,000 won in total at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Receipts:

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of statutes of the judgment; and

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and the area of aggravation of the same repeated crime (the area of recommendations and the scope of recommendations] of less than KRW 100 million, and one to two years and six months;

2. The sentence shall be determined as ordered, comprehensively taking into account the following factors: (a) the defendant has a large number of criminal records of the same kind and has committed a repeated offense; (b) the victim has been unable to recover from damage; (c) the amount of damage is a small amount; (d) the circumstances leading the defendant to commit a crime; and (e) the age and environment of the defendant and family relationship; and (e) various