A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[Criminal Power] On September 27, 2019, the Defendant was sentenced to 10 months of imprisonment for habitual fraud, etc. at the Daegu District Court, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on December 26, 2019.

【Criminal Facts】

1. Around 20:40 on January 31, 2020, the Defendant received food and drink equivalent to KRW 25,000,00 in total from the victim, on the ground that: (a) around 20:40, the Defendant was engaged in the “D” restaurant operated by the victim C, and (b) the Defendant was provided with food and beverage as if the Defendant would normally settle the price despite having been provided with alcohol and food despite the absence of the intent or ability to pay the price.

2. Around 20:50 on February 10, 2020, the Defendant received food and drink equivalent to KRW 13,000,00 in total from the victim, on the ground that: (a) around 20:50, the Defendant was engaged in the “G” restaurant for the operation of the victim F in L, and (b) despite the absence of the intent or ability to pay the price even if he was provided with alcohol and food, and (c) was done as if he would normally pay the price; and (d) the Defendant was provided with food and beverage in the amount of KRW 13,00,

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Reporting on the occurrence of a case suspected of fraud (influence) and reporting on internal investigation (Evidence List 3, 7);

1. 112 Reporting case management table;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Evidence List No. 23);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. Reduction elements of less than KRW 100,00 [type 1] reduction elements of the punishment, if the punishment is not granted or a significant damage has been recovered, the amount of aggravation factors according to the sentencing guidelines shall be the range of recommendation types [decision of types] according to the sentencing guidelines: Reduction area of the same repeated crime [the area of recommendation and the scope of recommendation types], one month to one year.

3. Determination of sentence: Four months of imprisonment;