On January 8, 2020, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court on July 3, 2020 and completed the execution of the sentence in the Busan Correctional Institution on July 3, 2020.

At around 22:00 on July 3, 2020, the Defendant ordered the two states, etc. as if they were to pay the alcohol value without any intention or ability to pay the alcohol value, on the ground that there was no money with the fact in D’s main point of “D” operated by the Victim C (M, F, 30 years of age) located in P, Busan City.

The Defendant, as above, by deceiving the victim, was delivered to 2 soldiers and 2 beer with a total amount of KRW 1,150,000,000, in total, from the victim’s market value.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. Previous records of judgment: Application of investigation reports (Search of a person under investigation and attachment of results of a prisoner's search), criminal records records, references to criminal records, preliminary records, reporting on the results of confirmation, and Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act provides that among repeated offenders, the Defendant again committed the instant crime despite the fact that he/she had been punished several times due to the same kind of crime and a different kind of crime under Article 35 of the Criminal Act.

In particular, the risk of recidivism seems to be high in light of the fact that the punishment was sentenced for the same crime and the execution was completed and the crime of this case was committed on the day of release.

The damage caused by the instant crime was not recovered.

However, considering the fact that the defendant appears to recognize and reflect the crime, the fact that the fraud money is not very high, the circumstances favorable to the defendant's age and criminal behavior environment, the motive means of the crime, the results of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments and the records