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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On March 22, 2018, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for fraud in the Gangnam Branch Branch of the Chuncheon District Court on March 30, 2018, and the said judgment became final and conclusive on March 30, 2018, and the suspended execution was revoked on November 15, 2018, and became final and conclusive on November 20, 2018.
On November 6, 2018, at around 19:50, the Defendant ordered “D’s operation” of the victim C, which was located in C, to pay the said payment, despite the absence of the intent or ability to pay the said payment even if the victim was provided with alcohol, alcohol, and entertainment entertainment services from the victim, the Defendant ordered the victim to pay the said payment.
Defendant deceptioned the victim as above and obtained 20 million won in total and 460,000 won in the market price from the victim, and acquired this by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A receipt for the value of alcoholic beverage;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (in the event of confirmation of the same kind of force - Investigation Report (in the case of confirmation of the same kind of force),
1. According to Article 347(1) of the Criminal Code of the relevant criminal facts: The defendant committed the instant crime during the period of suspension of execution even though he/she had the record of criminal punishment several times for the same kind of crime.
Damage has not been recovered.
A favorable normal price: The amount of damage is not relatively significant.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health condition, background leading to the crime, means and result, etc., shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act.