A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 17, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on May 2, 2017.

On July 13, 2017, the Defendant ordered alcohol and alcohol to the victim E, who operates the above main point, at around 00:43 at around 00:43, the main point of the “D”, and the Defendant’s order as if he would normally pay the alcohol value.

However, the defendant did not have the intention or ability to pay the drinking value even if he knows.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) provided the victim with three bottles of beer in total amounting to KRW 68,00,00 in total; and (c) provided two bottles of drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Each description of a receipt and an investigative report (to hear statements of a victim);

1. Previous convictions in the judgment: Application of respective Acts and subordinate statutes written by inquiry, such as criminal history, investigation report (the date of release from office, the same kind of records, etc.), personal confinement status, sentence, and summary order;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment under the law] 20 years of imprisonment with prison labor or less [the determination of type] 1 (less than KRW 100 million) of the general fraud among the fraudulent crime group / [the person subject to special sentencing] aggravation area of the same repeated crime [the scope of punishment] aggravation area: From one year to two years and six months (the decision of sentencing] imprisonment with prison labor for a year 1 to six months, the defendant has already been a very same criminal offense, and the sentence of imprisonment with prison labor for a year is also 12 times.

The Defendant was sentenced to imprisonment due to a crime of fraud and completed the execution thereof, and again committed the instant fraud within the repeated crime period.

Therefore, the defendant is sentenced to imprisonment.

However, considering the fact that the defendant is against the confession of the crime, and that the amount of fraud of this case is less than 68,000 won, the amount of punishment recommended according to the sentencing guidelines is less than 0.1% in the section where the sentencing guidelines are set.