A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 19, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on August 31, 2016 at the Busan Detention House.

around 21:00 on March 20, 2017, the Defendant pretended to pay the alcohol value to the “E main store” operated by the victim D (V, 61 years of age) located in Busan Dong-gu, Busan, and ordered alcohol, alcohol, and alcohol.

The Defendant received immediately a total of KRW 190,000,00 from the injured party who believed that he was aware of it.

However, at the time, the defendant did not have the intention or ability to pay the price normally even if he was provided with the alcohol, alcohol, etc. from the injured party.

Accordingly, the defendant was given property from the victim by deceiving the victim.

around 03:39 on May 13, 2017, the Defendant ordered alcohol to pay the victim’s normal drinking value to the victim and requested a entertainment loan service at the Hing room operated by the victim G located in Busan Dong-gu, Busan, as if he would pay the victim’s normal drinking value.

However, at the time, the Defendant was holding a head of a debit card with no balance of KRW 7,00 at the time and did not hold any other means of settlement. Since there was no property owned by the Defendant except the above cash, there was no intention or ability to pay the amount even if he was provided with alcohol and service from the injured party.

As seen above, the Defendant was provided with alcoholic beverages and services equivalent to 5.30,000 won in total from the market value by deceiving the victim and deceiving the victim.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police of each victims;

1. Each receipt; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of repeated crimes);

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

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