A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 26, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Seoul Northern District Court. On December 13, 2013, the Seoul Western District Court sentenced one year to imprisonment for a crime of fraud, etc. on April 17, 2015, and completed the execution of the sentence in the Daegu Prison on September 24, 2016.

The defendant, as a person without any interest, did not have any intention or ability to pay the price even if he/she orders alcoholic beverages and safes because he/she did not have any interest, and there was no money.

On September 25, 2016, the Defendant: (a) around 23:40 on September 25, 2016, at the main points operated by the victim D, the Defendant: (b) committed an act as if he would pay the drinking value; (c) ordered the victim to provide alcoholic beverages and musical notes; and (d) received from the victim the payment of the amount equivalent to KRW 70,000 at the market price of KRW 70,00,000; and (c) acquired the pecuniary benefits equivalent to the said amount.

Accordingly, the defendant habitually acquired property or property benefits equivalent to 90,000 won in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims of D;

1. On-site photographs and receipts of proceeds;

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (report attached to cases of punishment for the same kind of crime as a suspect), six copies of the judgment, and one copy of the personal confinement status;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the continuous and repeated crimes of the same kind in the judgment;

1. Relevant Articles 351 and 347 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of the sentencing guidelines] - Type 1 (less than KRW 100 million) and the special aggravation area (one to three years and September): In the case of habitual offenders, the same repeated crime [decision of sentence] - favorable circumstances: The defendant acknowledges his mistake, the amount of damage is not significant - unfavorable circumstances: