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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
On April 24, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud in the Suwon District Court’s Ansan Branch Branch, and on June 29, 2012, the judgment became final and conclusive on June 29, 2012, and completed the execution of the sentence in the wood prison on July 10, 2013.
On November 8, 2014, from around 20:40 to 23:10 on the same day, the Defendant ordered food equivalent to KRW 4.80,000,000 in total, including two bottles, and one day, as if he had the intent or ability to pay the price to the victim E, the owner of the above main place of business, and ordered the Defendant to pay the price to the victim E.
However, the defendant did not have a cash or card that can pay the above amount in full, so even if he orders the foregoing alcohol, alcohol, etc., he did not have an intention or ability to pay the above amount.
The Defendant received the above 4.80,00 won from the victim, and did not pay 3.80,000 won out of the price, and acquired the pecuniary profit equivalent to 3.80,000 won, and acquired the pecuniary profit equivalent to 3.80,000 won through the above method from around that time to March 5, 2015.
Accordingly, the defendant deceivings victims and acquired financial benefits from them.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement in the preparation of E, F, G, and H;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes;
1. Scope of punishment: Imprisonment with prison labor for one month-15 years;
2. Scope of recommendation: The scope of final sentence due to the aggravation of multiple offenses of the same type of general fraud (less than KRW 100,00) (one year and two months) in the area of aggravation (the area of less than KRW 100,00) (one year and six months), one year and seven months: one year and seven months.
3. Determination of sentence;