A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power” On November 4, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Southern District Court for 8 months, and the judgment became final and conclusive on November 12, 2010. On January 13, 2012, the Defendant was sentenced to four months of imprisonment for the same crime in the Gwangju District Court’s Netcheon Branch Branch on January 21, 2012, and the said judgment became final and conclusive on January 21, 2012, and the execution of the said sentence was terminated on September 25, 2012.

【Criminal Facts of Crimes】 Around August 17, 2015, the Defendant: (a) around 09:30, at the drinking house operated by the victim D (the 51 years of age) in the vicinity of C in Jeju-si, even if he/she was provided with alcohol, alcohol, etc. from the victim, he/she was aware that he/she would be fully paid the amount despite having no intention or ability to pay the amount properly; and (b) he/she was provided with alcohol, alcohol, etc. equivalent to KRW 133,00 by the victim and acquired it

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D (including receipts);

1. Previous records of judgment: Application of criminal records, inquiry reports (date of release and copies of judgment) and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing guidelines for the sentencing of Article 35 of the Criminal Act among repeated offenders are as follows: The range of recommendations, sentences [the criminal group of fraud, general fraud, type 1 (less than KRW 100 million), the aggravated area, one year to two years and six months] and the following circumstances are considered: The facts of the crime are recognized and reflected; the amount of fraud is small: damage is not recovered; there is no history of punishment for the same crime (five times of imprisonment, two times of suspended sentence of imprisonment, and fifteen times of fine). In particular, there was a history of having been punished several times of the crime of this case during the period of repeated crimes (the defendant has already been punished by a fine of five times for the crime of fraud, such as involuntary exploitation, etc. during the period of repeated crimes). The defendant's age, character, behavior, environment, etc.