The defendant shall be exempted from punishment.

Punishment of the crime

[Criminal Power] On December 14, 2012, the Defendant was sentenced to eight months of imprisonment for fraud in the Dong Branch of the Busan District Court for the District Court on March 1, 2013, and the judgment becomes final and conclusive.

【Criminal Facts】

On March 10, 2012, around 00:0, the Defendant entered a D restaurant operated by the victim C (V, 54 years of age) of Busan Dong-gu, Busan, with alcohol and alcohol from around 03:40 on the same day.

At the time of fact, the defendant did not have any intention or ability to pay the drinking value because he did not have any cash of KRW 1,00.

Nevertheless, the Defendant, as if he were to pay the drinking value properly, ordered the drinking and the drinking and the drinking and the drinking were ordered by the Defendant, which was received from the victim the amount equivalent to KRW 50,000,000 in 30,000, and did not pay the said amount.

Accordingly, the defendant, by deceiving the victim, received property equivalent to 80,000 won in total, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions: the application of the defendant's legal statements and copies of written judgments;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the contents, time and sentences of the criminal facts of the judgment finalized as stated in the criminal records, and the contents, time, etc. of the criminal facts of this case shall be considered);