[criminal history] On June 2, 2017, the Defendant was sentenced to ten months of imprisonment for habitual fraud in the Goyang Branch of the District Court, and completed the execution of the sentence in the Ganpo Prison on February 6, 2018.

[2] On October 30, 2018, the Defendant issued an order to provide the victim’s D’s alcoholic beverage and food at the E-cafeteria operated by Ildong-gu, Busan Metropolitan City around 01:00 on October 30, 2018, despite having no intent or ability to pay the price, and ordered the victim to provide alcohol and food. The Defendant issued an order to the victim for drinking and food. The Defendant did not pay the price, even though the Defendant received an order to provide the victim with alcoholic beverage and food equivalent to KRW 50,00,00 in total amount of KRW 4,00,000, which is equivalent to KRW 30,000,000 from the victim’s damage.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Invoice;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions of the suspect, repeated crimes and reporting of the same kind of force);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] In the case where the mitigation area (10 million won or less) [1 month to one year] [special mitigation], or considerable damage was restored to the extent of mitigation area (1 to one year] / The crime of this case was committed during the repeated crime period due to the past of the same type of crime, the same record was committed, the amount of damage was 50,000 won, the amount of damage was 50,000 won, confession and reflects the crime, and other conditions of sentencing as set forth in Article 51 of the Criminal Act are considered.