A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 10, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on September 4, 2012, and completed the execution of the sentence at the Busan Detention House.

1. At around 02:00 on December 23, 2012, the Defendant: (a) entered the name-free box with two persons on the 3rd story C in Busan, the Busan, the 3rd story C, and (b) ordered two owners of E, who are employees, to provide approximately KRW 300,000,00 in total, including 1 soldier’s and entertainment workers, as he/she did not have any means of payment, such as cash, etc., and did not have any specific occupation or property, and was unable to pay the said value at all, even if he/she did not have any intention or ability to pay it.

Accordingly, the Defendant, by deceiving E, received the property of the victim under his name, who operates the singing points from E, and acquired the pecuniary benefits.

2. At around 00:50 on December 23, 2012, the Defendant issued orders to I, an employee, i.e., the two weeks, etc., ordering the two weeks to provide approximately KRW 7.10,000 in total, including two weeks of disease, entertainment workers, etc., as if he/she did not have any intent or ability to pay the alcohol value at the H point of the operation of the Victim G in Busan Metropolitan Government F.

Accordingly, the defendant deceivings I, received property from the victim who is operating the above main point from I, and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Each receipt; and

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports on criminal records, etc., report on the results of identification (A), and the status of personal identification and confinement;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Areas subject to the aggravated punishment of types 1 (less than KRW 100 million) of general fraud based on the sentencing criteria: Imprisonment with prison labor for one year to two years;

2. Cumulative crimes as to whether to suspend the execution;