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

Punishment of the crime

On November 11, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court, and on March 23, 2012, the said judgment became final and conclusive.

On July 6, 2010, the Defendant, at around 21:00, made a false statement to the effect that: (a) the victim C was operated by the victim C in Gangnam-gu Seoul on July 21, 2010; and (b) the fact that the Defendant did not intend or have the ability to pay the price even after receiving an order for alcohol; (c) the victim was unable to request payment within one month; and (d) the victim was provided with an amount equivalent to KRW 3,500,000, but did not pay the price.

In addition, from that time to July 30, 2010, the Defendant: (a) by deceiving the victim over 17 occasions as indicated in the attached list of crimes; and (b) did not pay a sum of KRW 95,030,000 from the victim; and (c) did not pay the amount to the victim; and (d) acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Promissory notes, cash storage certificates, and notes;

1. Each receipt; and

1. Previous convictions in judgment: Criminal records, investigation reports by the prosecution (report on confirmation of the date on which a suspect was released from A), previous records of disposition, and application of Acts and subordinate statutes reporting results;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;