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

Punishment of the crime

[criminal record] On April 11, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court, and the execution of the sentence was terminated on May 26, 2019.

[Criminal Facts] Around 19:00 on May 27, 2019, the Defendant: (a) had weak ability to discern things or make decisions due to symptoms of the existence of fluoral disease and alcohol; (b) had the same attitude of paying the amount even if the Defendant had no particular property owned by the victim C(39 years of age) and had been provided with alcohol and food from the victim, even if he had no intention or ability to pay the amount normally; and (c) ordered the victim to drink and food, and then the Defendant got the victim from the victim after receiving two minutes of 26,00 won in total at the market price.

Summary of Evidence

【Criminal Facts at the Time of Sales】

1. Statement made by the defendant in this court;

1. Each statement of each protocol of examination of suspect against the prosecutor and the defendant prepared by the police;

1. A written statement prepared in C;

1. Entry of a report (including attached documents) on investigation into the preparation of the prosecution by the public prosecutor;

1. Entry of the receipt; and

1. Each image of the related photograph [the previous record on the market];

1. Statement (including attached documents) of investigation report (as a result of suspect search results - confirmation of the period of repeated offense) prepared by the police;

1. Statement of inquiries into police preparation;

1. Application of Acts and subordinate statutes to a statement (including attached documents) of investigation report (including attachment of written judgments) prepared by the prosecution;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The following facts or circumstances acknowledged by the records of this case under Articles 10(2) and (1) and 55(1)3 of the Criminal Act for mitigation of mental and physical illness, namely, the Defendant was hospitalized in the instant case following around 2006, around 2009, and around 2010, and around 2010, and the adjudication division of the fraudulent case in Gwangju District Court 2015 Godan2280, respectively.