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

Punishment of the crime

[Criminal Justice] On January 17, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Jung-gu District Court, and on December 15, 2018, the Defendant completed the execution of the sentence.

【Criminal Facts】

On December 15, 2018, the Defendant was provided with alcohol and services equivalent to KRW 1,060,00 in total, including the amount of KRW 400,00,000, and the amount of alcoholic beverages equivalent to KRW 110,00,00, market price, and the amount of KRW 60,000 in the amount of alcoholic beverages equivalent to KRW 110,00,00, market price, and the amount of the amount of the cost of the entertainment entertainment bars operated by the victim C at the time of the government around 18:40 on December 15, 2018, notwithstanding the absence of the intent or ability to pay the drinking value in the entertainment drinking house operated by the victim C at the third floor.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim C;

1. Voluntary reports, investigation reports, site photographs, and statements of the drinking value;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report accompanied by the previous records of the same type and the previous records of the judgment), list of related cases, copies of each judgment, and application of Acts and subordinate statutes to the current status

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] General Frauds of Type 1 (less than KRW 100 million) and the aggravated area (one to two years and six months) [the person under special jurisdiction] of the same repeated crime [the decision of sentencing] has reached several times the defendant's previous convictions of the same kind and several times, and the crime of this case has a high possibility of criticism against the defendant on the day when the defendant was released after being sentenced to the punishment for the same kind of crime.

Therefore, the sentence of sentence on the defendant is inevitable.

However, in consideration of the fact that the crime of this case is against, and the amount of damage is 1,060,000, the sentencing guidelines shall be set down by lowering the sentencing guidelines.