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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On July 10, 2019, the Defendant was sentenced to six months of imprisonment for fraud in the territorial branch of the Chuncheon District Court on July 10, 2019, and completed the execution of the sentence in the Ansan Prison on November 10, 2019.
Criminal facts
On November 29, 2019, the Defendant: (a) around 23:50 on November 29, 2019, at the main point of the Victim C Operation D, located in the Busan Dong-gu, Busan, the Defendant: (b) around 23:50, the Defendant ordered the victim to pay the price despite having no intention or ability to pay the price even if he was provided with alcoholic beverages; and (c) ordered the victim to provide alcoholic beverages, the Defendant received the payment from the victim.
On November 27, 2019, the Defendant: (a) around 19:00 on November 27, 2019, at G operated by the Victim F in Busan E-gu, Busan, the Defendant: (b) was engaged in as if he would pay the price although he did not have any intent or ability to pay the price even if he was provided with alcoholic beverages, and (c) ordered the Victim’s alcohol and speech to be ordered by the Victim; and (d) the Defendant acquired it by receiving alcohol, such as 28,000 won in total from the Victim, and 28,000 won in total from the Victim.
Summary of Evidence
1. For previous records of judgment: Criminal history records, investigation reports (verification reports on the previous records and attachment of the judgment, and the date of release);
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Each photograph "2019 Highest 6023";
1. Defendant's legal statement;
1. A written statement;
1. Interim statement;
1. Application of each statute on photographs;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the defendant's act of committing each of the crimes of this case in order to take the defendant's place without occupation and money, and the amount of damage is not so large. However, there are many records of punishment for the same crime, and that it is a crime during the period of repeated crimes, and that it is a crime during the period of repeated crimes.