A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On December 10, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence on August 17, 2017.

[Criminal facts]

1. The Defendant committed the crime of November 14, 2017: (a) around 04:10 on November 14, 2017, under the “E stores” for the operation of the Victim D (E stores) in Incheon-si around November 14, 2017; and (b) under the premise that the Defendant would make a normal payment in the absence of the intent or ability to pay the price even if he/she was provided with alcoholic beverages or alcohol; and (c) even if he/she was provided with an employee of the victim, he/she did not pay the price with an amount equivalent to KRW 310,00,000 in total, and did not pay the price, thereby deceiving the victim to acquire

2. The Defendant committed the crime of November 15, 2017: (a) around 00:40 on November 15, 2017, at the “hH point in the operation of the Victim G G in Chungcheongnam-si, Chungcheongbuk-si,” the Defendant was aware that the Defendant would normally pay the amount, even if he was provided with alcohol, alcohol, etc.; and (b) did not pay the amount, even if he was provided with the services of the victim, the amount of which is equivalent to the total market price of KRW 95,00,00, by deceiving the victim.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. The investigation report (to confirm whether the person under investigation was committing the crime at the time of committing the crime);

1. A receipt submitted by the victim;

1. Photographs of a photograph of goods held by A and a photograph of the scene (the record of the crime as indicated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Copy of the judgment;

1. Application of Acts and subordinate statutes concerning personal confinement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (a heavier punishment than punishment) shall be the penalty stipulated in fraud on November 14, 2017.