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

Punishment of the crime

On June 8, 2020, around 21:30 on June 21, 2020, the Defendant, at the main point operated by the victim C in Busan Young-gu B, ordered alcohol and alcohol as if the victim would pay the alcohol value normally.

However, the defendant did not have any intention or ability to pay the drinking value normally due to the lack of money at the time.

The Defendant, as such, by deceiving the victim, received a total of KRW 6,40,00,00 from the victim, including the two weeks of knownness.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to C’s statement

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Reduction elements of a recommendation [type 1] below KRW 100,000 (special sentencing factors] below KRW 100,000 for fraud according to the sentencing guidelines: In cases where a person commits willful misconduct intentionally, or the degree of deception is weak (the recommended territory and the scope of the recommended punishment), reduction area, one month to one year;

2. Determination of sentence: A sentence shall be determined as ordered in consideration of the Defendant’s age, sex, environment, and circumstances after the crime, etc., in consideration of the fact that the Defendant seriously reflects the fact, that the amount of defraudation is a relatively small amount of money, but the same kind of crime is repeated and the circumstances that have not been recovered from damage are considered disadvantageous;