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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On January 8, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual fraud, etc. at the Changwon District Court on August 12, 2015, and completed the execution of the sentence at a public prison on August 12, 2015. On May 3, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for fraud, etc. at the Eup branch of the Jeonju District Court on May 3, 2016, and completed the execution of the sentence at the former District Court on June 4,
[Criminal facts]
1. On February 10, 2018, the Defendant: (a) around 02:30, the Government building C; (b) the victim D with the first underground floor “Esing room 5” operated by the victim D; and (c) the Defendant, even if he was provided with the drinking, etc. on the ground that there was no means to pay the price by cash or other alcohol; (d) took place as if he would have paid the price despite having no intention or ability to pay the price; and (e) ordered the victim’s drinking, etc.; and (e) obtained an order from the victim who was affiliated with the order and acquired the amount equivalent to KRW 180,00,00 at the market price, including
2. On February 17, 2018, the Defendant: (a) around 05:00 to 06:20, at the time of the Government-si building; (b) “H amusement shop” operated by the victim G on the fifth floor; and (c) was provided with alcohol, etc. on the grounds that there was no means to pay cash or other alcohol values; (b) was done as if the Defendant would pay the price despite having no intent or ability to pay the price; and (c) ordered the victim’s alcohol, etc.; and (d) was provided with the amount equivalent to KRW 270,00,000 at the market price of the two weeks, etc. from the place of the damage.
3. At around 02:00 on February 25, 2018, the Defendant: (a) committed an act as if the Defendant would pay the amount despite having no intent or ability to pay the said amount even if he/she was provided with the said amount because of the lack of any means to pay cash or other alcohol; (b) ordered the victim to pay the amount; and (c) received the amount equivalent to KRW 325,000,000 from the damaged party on the spot and acquired it by defrauding the amount by obtaining the amount equivalent to KRW 325,00,000 at the market price of each week from the damaged party.
Summary of Evidence
1. The defendant's person;