A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 24, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on April 9, 2013 at the Sungsung Vocational Training Prison. On April 11, 2013, the Seoul Central District Court sentenced a fine of three million won for fraud, etc.

On May 4, 2014, from around 21:00 to around 01:00 on the following day, the Defendant showed the same attitude that the victim D should pay the alcohol value from Enonoba room operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government. The Defendant took the same attitude that he/she should pay the money, and 200,000 won in cash was loaned. While under the influence of alcohol, the Defendant took the same attitude that he/she should pay the alcohol value again from around 14:0 to 23:30, May 5, 2014, he/she did so.

However, there was no money possessed by the Defendant, and there was no intention or ability to pay the price and the borrowed money.

The Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to the same amount as the Defendant’s failure to pay the victim a total of KRW 1,435,000,000, which is equivalent to the market price of KRW 120,000, and the amount of KRW 1,435,00,000, which is equivalent to the market price of KRW 75,000, and was paid by the victim. The Defendant received KRW 200,000 as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Receipts:

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (limited to repeated crimes), and personal identification and confinement status;

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

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are as follows: (a) the Defendant committed the instant crime within the period of repeated crime resulting from the same crime and thus, is unable to be sentenced to imprisonment with labor for a suspended sentence. The Defendant continues to repeat the same content of the crime even though he was punished several times for the same crime.