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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[criminal power] On February 8, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective weapon, etc.) at the Ulsan District Court on January 2, 2014; on October 2, 2014, the same court was sentenced to eight months of imprisonment with prison labor for fraud, etc. and the judgment became final and conclusive on October 2, 2014; on December 5, 2014, the sentence of the said suspension of execution was invalidated; on December 4, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. at the same court on December 4, 2016; and on August 25, 2017, the execution of the said sentence was completed in Busan District Court, which was sentenced to eight months of imprisonment with prison labor for fraud in Busan District Court on August 25, 2017.
【Criminal Facts】
1. Fraud;
A. On April 5, 2019, the Defendant, around April 2019, sent the same attitude that the Defendant would pay the drinking value to the victim C at the main point of “D” managed by the victim C on the second floor of Yangsan-si building and the second floor around April 20:30, and ordered the victim to pay the drinking value.
However, the defendant did not possess the means of settlement such as cash or credit card at the time, and there was no intention or ability to pay the drinking value to the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above, was provided with three domestic shares with the total market value of KRW 4.90,000,000 from the victim; and (b) did not pay the price, thereby acquiring the same amount of pecuniary benefits.
B. On April 14, 2019, around 01:30 on April 14, 2019, the Defendant sent the same attitude that the Defendant would normally pay the value of alcoholic beverages in the “G” singing room operated by the Victim F in Yangsan-si E, and ordered the victim to provide alcoholic beverages and alcohol, and changed the number of entertainment receptions.
However, the defendant did not possess the means of settlement such as cash or credit card at the time, and there was no intention or ability to pay the drinking value to the victim.
Nevertheless, the defendant is above.