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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 13, 2016, the Defendant was sentenced to one year of imprisonment for habitual fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on October 24, 2017.
On January 14, 2018, at around 18:30, the Defendant, even though there was no intention or ability to pay the drinking value, etc. in the “D Kafbook” of the victim C’s operation on the 1st underground of Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, the Defendant acquired 8 C, C, C, and C, who was provided with 90,000 won in total from the injured party, with 13,00 won in total, from the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. C Statement Statement;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Provisions of Article 347 (1) of the Criminal Act, and selection of punishment by imprisonment;
1. Reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the type of determination] The general fraud [the person subject to special sentencing] - The factors subject to mitigation: Recovery of considerable damage (transfer of KRW 90,000 on April 25, 2018) - The factors subject to aggravation: The area subject to mitigation of identical repeated crimes [the scope of recommendation] [the area subject to mitigation of punishment] from one month to one year [the determination of sentence] 4 months; and