However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant: (a) around 00:00 on August 15, 2017, at the “E” entertainment point for the operation of the Victim D, located in Nam-gu Incheon Metropolitan City, for the following reasons: (b) as if the Defendant did not have the intent or ability to pay the drinking value, he/she did not order the victim to pay the drinking amount equivalent to KRW 1.80,00,000 and paid the amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the receipt statute

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] fraud, general fraud, and Type 1 (less than KRW 100,00) (the scope of the recommended punishment] imprisonment for six months to one year and six months (the basic area);

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence and 2 years of suspended sentence are not well aware of the criminal records of the instant crime even though they had the same criminal records of the instant crime, and the nature of the instant crime is not good, and if considering the fact that the Defendant was unable to reach an agreement with the victim, it is necessary to severely punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime during the period of detention of 40 days and is well aware of his mistake during the period of detention; (b) the amount of damage is not significant; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) the sentencing conditions specified in the argument in the instant case, including circumstances after the commission of the crime, etc., the punishment as ordered within the scope of the recommended sentencing guidelines shall be determined in accordance