A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On August 23, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on May 1, 2018.

[Criminal facts] On October 20, 2018, around 01:20, the Defendant ordered an alcoholic beverage and an alcoholic beverage to the victim C (53 tax) in the operation of the victim C (53 tax) located in Busan Jin-gu, Busan, as if the victim were to pay the alcohol value, etc.

However, the defendant did not have the intention or ability to pay the drinking value, etc.

In other words, the Defendant did not pay for the amount of money equivalent to 230,000 won even after he was provided from the injured party with alcohol and algorith, etc., and acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts:

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (prior convictions of the same type of repeated crime);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] is that the aggravated area (one year to two years and six months) is against the aggravated area (one year to two years] [the specially aggravated person] of the same repeated crime [the decision of sentencing], the amount of fraud is relatively small, and the records of the same crime, etc.