A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[criminal records] The Defendant was sentenced to four months of imprisonment for habitual fraud at the Seoul Northern District Court on June 27, 2018, and on August 29, 2018, the Seoul Northern District Court had the same record as the Defendant completed the execution of the above punishment on August 29, 2018, and 47 times more.

[ 범죄사실] 피고인은 2018. 9. 6. 12:20 경 서울 중랑구 C에 있는 피해자 D 운영의 ‘E 식당 ’에서, 사실 술과 음식을 주문하더라도 그 대금을 지급할 의사나 능력이 없음에도 마치 이를 지급할 것처럼 행세하며 그곳 종업원 F에게 술과 음식을 주문하고, 이에 속은 종업원으로부터 짬뽕 1 그릇과 소주 2 병 시가 합계 14,000원 상당을 제공받았다.

Accordingly, the defendant was provided property by deceiving the victim habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. On-site photographs;

1. A report on investigation (a list of reported cases) (a list of cases);

1. Previous convictions in judgment: Inquiry about criminal history, text of judgment and current status of personal confinement;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner, etc.;

1. Articles 351 and 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The Defendant’s crime of this case with the reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Punishment is habitually acquired food values during the period of repeated crime committed within one week after being released, and thus, the Defendant’s punishment is inevitable even if the amount of damage is small, and the amount of damage has been repaid,

In addition, in full view of the records of this case, including the criminal history, age, sexual conduct, motive and means of the crime, and circumstances after the crime, and the sentencing conditions shown in the theory of change, the punishment as ordered shall be determined.