On November 16, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence at the Busan Detention House on April 19, 2012.

At around 02:40 on September 14, 2012, the Defendant ordered two-way 1 disease, ten-way beer disease, etc. at the Eju shop operated by the victim D in Busan Dong-gu, Busan.

However, the Defendant did not have any intention or ability to pay the price even if the Defendant received the two-way payment from the victim because there is no money under way.

The Defendant was provided by the victim with alcohol equivalent to KRW 210,00,000 in total, including 1 disease in 120,000, 40,000, and 10,000, and 210,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Receipts:

1. Previous convictions: Inquiries, references, reports on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of sentence of imprisonment with prison labor chosen;

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

1. Scope of recommendation types based on the sentencing guidelines and basic areas of types 1 (less than KRW 100 million) of general fraud (off to "unguilty of punishment," which is a major mitigation factor, and offset of "same type of repeated crime" which is a major aggravation factor: Imprisonment with prison labor for up to six months from June 1;

2. Between the period of repeated crime as to whether the suspension of execution is suspended;

3. Six months of selective imprisonment with prison labor: The fact that the crime is recognized and reflected, the fact that the victim agreed with the victim, etc. shall be considered in favorable circumstances, but the suspension of execution is not possible during the period of repeated crime;