A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 10, 2016, the Defendant was sentenced to one year and six months of imprisonment for fraud in the Daegu District Court’s assistance, and completed the enforcement of the sentence on October 7, 2017.

1. On October 16, 2017, the Defendant: (a) committed the crime committed on October 16, 2017: (b) there was no money in a “D” restaurant located in South-gu, Nam-gu, Seoul on October 16, 2017; and (c) instead of having an intent or ability to pay the amount even if he/she received food from the victim E even if he/she had not been provided with the money, the Defendant deceivings the victim as if he/she would pay the amount; and (d) was provided with 14,000 won in total from the victim’s market price.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 17, 2017, the Defendant committed the crime: (a) on October 17, 2017, at “G” restaurant located in Nam-gu, Nam-gu, Nam-gu; (b) on October 17, 2017, there was no money having the above facts; and (c) even if he received food from the victim H, if he did not have the intent or ability to pay the said amount, he deceptions the victim as if he would have been paid the said amount; and (d) was provided with ma and spawn-in disease equivalent to the total market price of 18,000 won from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Skin's receipt for purchase price;

1. Previous convictions: Application of the results of inquiry into criminal history data and the Acts and subordinate statutes for reporting criminal investigations (verification of the period of repeated crime);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Although there are favorable circumstances such as: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Article 38(1)2; and Article 50 of the Act on the Punishment of Concurrent Crimes; (c) Article 50 of the Act on the Punishment of Concurrent Crimes; (d) Article 37 of the same Act on the Punishment of Concurrent Crimes provides that the defrauded of each of the crimes of this case is minor; (b) the Defendant committed the instant crime again for more than ten (10) days, and the Defendant has already been convicted

The age, sex, environment of the defendant, and others.