A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 8, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Cheongju District Court for the crime of conflict and completed the execution of the sentence at the Cheongju detention center on June 22, 2016.

Criminal facts

1. On January 5, 2017, from around 01:00 to around 04:00 on the same day, the Defendant: (a) was engaged in as if the Defendant would pay the drinking value to the victim E within the three-story D stations of the C building in Bupyeong-si; and (b) ordered the Defendant to provide alcoholic beverages and food equivalent to KRW 80,00 in total, including beer 5 C, 4 C, and beer.

However, the defendant received the above food from the injured party.

(2) there is no intention or ability to pay the price.

In this respect, the defendant deceivings the victim, and obtained the alcohol and food equivalent to KRW 80,00 from the victim, and acquired it by fraud.

2. From January 5, 2017 to 22:00 on the same day, the Defendant issued an order for alcohol and food equivalent to KRW 100,00,00 in the sum of 13 C, C, and C, C, and C, C, and S, C, and S, C, and C, and C, and C, and C, and C, respectively.

However, the defendant received the above food from the injured party.

(2) there is no intention or ability to pay the price.

Accordingly, the defendant deceivings the victim, and he obtained the alcohol and food equivalent to KRW 100,00 from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A H’s statement and statement;

1. Photographs (certificate of business report, on-site conditions);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, results of the search of prisoners, report on investigation (report on the status of confinement of suspects), text of judgment, and the application of statutes on the status of confinement

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] types 1 (less than KRW 100 million) in the mitigation area (one month to one year) in the mitigation area (one year from one year), or a considerable portion of punishment.