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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 23, 2014, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court on August 31, 2014 and completed the execution of the sentence in the Busan Detention House on August 31, 2014.
On June 22, 2015, the Defendant, around 22:40, ordered the Defendant to provide alcohol to the victim in the instant singing room operated by the victim D in the Geum-gu, Busan, as if he would pay the amount of alcohol to the victim.
However, even if the defendant was provided with alcohol from the injured party, the defendant did not have the intention or ability to pay the drinking value.
As such, the Defendant, by deceiving the victim, received from the victim, the payment of alcohol and alcohol equivalent to KRW 280,000 at the market price of 20,00,000, such as 20,000 Scams, 2,00 Scams, and 2,00 Scams, and 2,00 Scams from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (a copy of the same criminal records and attach them thereto);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Article 35] General Fraud [Article 1(10 million won or less)] / [Special Aggravation] the same type repeated crime [Article 1-2 of the Criminal Act] / In addition, the defendant repeats the same kind of crime, and even if the defendant is committing the same kind of crime, he/she again commits the crime of this case even though he/she is under the period of repeated crime due to the same crime, but the amount acquired by deceit is minor, his/her depth is divided, and is against it, the same sentence as the order exceeding the scope