[Criminal Power] On November 15, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court, and completed the execution of the sentence on June 29, 2019.

【Criminal Facts】

At around 01:50 on August 11, 2019, the Defendant was provided with 160,000 won in total, including one service charge for the victim’s 1,60,000 won from the victim, who had no intention or ability to pay the drinking value, etc., on the ground that there was no money held at the time in the studio 1,00 of the operation of the victim C, Jung-gu, Busan, Busan, and there was no intention or ability to pay the drinking value, etc.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. One copy of a photograph, such as a drinking bottle, etc., taken by the suspect, and one simple receipt;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and one copy of Acts and subordinate statutes to the personal confinement status;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with labor for one to two years, and six months;

2. Circumstances disadvantageous to the decision of sentence: The defendant continues to commit the same kind of crime, commits the crime of this case during the repeated crime period, and commits any injury not recovered: The defendant reflects the above circumstances and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and determines the punishment as ordered, by taking into account all the factors of sentencing specified in the arguments of this case, such as the above circumstances and the defendant's age