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

Punishment of the crime

On August 29, 2014, the Defendant was sentenced to six months in Busan District Court for fraud, and completed the execution of the sentence on September 10, 2014.

On September 19, 2014, the Defendant: (a) around 03:30 on September 19, 2014, at the “EM store” operated by the victim D in Busan Dong-gu, Busan, without any intention or ability to pay the drinking value, and (b) ordered an alcoholic beverage to pay the drinking value without molding it; and (c) acquired it by receiving a total amount of KRW 2.80,00,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] General Fraud / [the scope of recommending punishment] the mitigation area (one to one hundred million won) (one month) (one month or one year) (Special Mitigation) or a considerable damage recovery area / the scope of sentencing comparison between punishment and recommended punishment for the same repeated offense / The scope of sentencing comparison between punishment and recommended punishment for the same repeated offense / One year from January to one year [Determination of sentence] immediately after release, re-offending during the period of repeated crime after release.

The punishment as ordered shall be determined by taking into account the favorable circumstances such as the confession, the fact that damage has been repaid and agreed, and taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines set by the Supreme Court Sentencing Committee.