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

Punishment of the crime

[Criminal Power] On May 10, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and the execution of the sentence was terminated on January 17, 2020 at the Busan Detention Center.

【Criminal Facts】

At around 03:55 on January 26, 2020, the Defendant ordered the victim with alcohol, alcohol, and alcohol services as if the victim C would normally pay alcohol value, etc. from D main points operated by the victim C at the time of racing.

However, the defendant did not have any means of settlement, such as cash or card at all at the time, so even if he was provided with alcohol, alcohol, etc. from the victim, he did not have an intention or ability to pay the price

Nevertheless, the Defendant, as above, by deceiving the victim and being provided with 3,90,000 won in total with 3,90,000 won or more from the victim’s market price, and was provided with alcohol and alcohol equivalent to 6,70,000 won in total from January 25, 2020 to January 26, 2020.

Accordingly, the defendant had taken property and acquired pecuniary benefits by deceiving the victim habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A detailed statement of receipts and charges;

1. Investigation reports (on-site situations, etc.), field photographs, and internal investigation reports (on-site conditions, etc.);

1. Previous records of judgment: Investigation results (Attachment of repeated crimes of the same kind and other data related to the same kind of power), criminal records, etc.;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the selection of criminal facts (the selection of imprisonment with prison labor, inclusive, with prison labor);

1. We respect the legal order in that the repeated crime committed a repeated crime during the period of the repeated crime, despite having been sentenced several times for the same kind of crime as the sentencing of Article 35 of the Criminal Act, and that the repeated crime was committed immediately after the release.