On June 13, 2014, the Defendant was sentenced to one year and four months of imprisonment due to fraud, etc. in the Busan District Court’s Vice Branch branch on July 7, 2015 and completed the execution of the sentence in the Jinju prison on July 7, 2015.

At around 20:00 to 23:00 on November 15, 2015, the Defendant ordered the Defendant to provide alcohol and alcohol to the victim at the “Eju” operated by Seocheon-gu, Seocheon-gu C and the victim D on the first floor underground.

However, the defendant did not have the intention or ability to pay the price even if he received the alcohol and the communication from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received a delivery from the victim of alcohol and communication equivalent to the total market value of 2.10,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Receipts:

1. On-site photographs;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (suspect A and repeated identifications);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act / [Scope of Recommendation ] General Fraud / [10,000 won] / [1-2 years and six months] of the aggravated area of category 1 ( below 100 million won) / [1-2] of the same repeated crime [a person under special jurisdiction] / The defendant's decision of sentence / the amount of damage is relatively small, but the defendant is recognized to have a relatively small amount of damage, and there has been a history of being punished for fraud including imprisonment, several times, including imprisonment. The defendant again committed the crime of this case in this case at least three months after being released after being sentenced to imprisonment with prison labor for a year and four months in the form of fraud like this case. The defendant failed to pay damages, other defendant's age, character and behavior, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc., and all the conditions of the sentencing as shown in the records and arguments in this case, and the sentencing guidelines are determined as above.