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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 2, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. in the Gwangju District Court's Netcheon Branch on December 9, 2019, and completed the execution of the sentence on December 9, 2019.
On December 17, 2019, the Defendant: (a) around 18:40 on December 17, 2019 (the time indicated in the facts charged appears to be an obvious clerical error; and (b) considered the same attitude that the victim C would normally pay the drinking value to the victim C’s D entertainment tavern operated by the victim C, and ordered the victim to do so.
However, the defendant had no intention or ability to pay the drinking value due to the lack of money in prison before the defendant was released from prison.
Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the 110,000 won of the market value of 120,000 won of beer, beer, beer, and be provided with entertainment service fees, and acquired property benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Receipts:
1. Each photograph;
1. Previous convictions in judgment: The application of Acts and subordinate statutes as a result of inquiry and search of prisoners;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. For the reason of sentencing Article 35 of the Criminal Act among repeated offenders, the defendant's criminal records (the existence of the same criminal records and frequency thereof, repeated crime records, particularly the defendant committed another crime after being released from the same kind of crime) and the extent of damage and recovery thereof, the victim's intention to punish him/her, the circumstances before and after the crime, and the health conditions of the defendant, etc. shall be comprehensively taken into account and determined the same punishment as the order.
It is so decided as per Disposition for the above reasons.