A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant and B did not have the ability to pay the cost of alcoholic beverages and the fee for the service of alcoholic beverages and the fee for the use of alcoholic beverages and the fee for the use of entertainment drinking facilities.

At around 21:00 on October 20, 2019, the Defendant and B issued the “E” main points operated by the victim D in Suwon-si, Suwon-si, and took the same attitude that they would be paid after being provided with alcoholic beverages and liquors, using the service of providing entertainment visitors, and the victim ordered the victim to use the service of providing entertainment visitors in an amount equivalent to KRW 100,000 at the market price of KRW 20,000 and KRW 30,000 at the market price of KRW 60,000 at the above main point.

However, the Defendant and B did not have the ability to pay the price even if they were provided with the said alcoholic beverages, liquors, and services.

Accordingly, in collusion with B, the Defendant acquired pecuniary benefits equivalent to the same amount by deceiving the above victim and being provided food and service equivalent to the sum of KRW 330,000 from the victim, that is, the victim, and not paying the price.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of the D's written statement, receipt, place of occurrence, and photographic Acts and subordinate statutes;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances as to the applicable Article of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, the grounds for sentencing of imprisonment, and other conditions of sentencing as indicated in the records, including the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime

There are a number of criminal penalties against the defendant, including five previous departments.

In particular, on August 30, 2019, the Defendant was sentenced to a suspension of the execution of four months of imprisonment with prison labor from Suwon District Court on the ground of the crime of the crime of the instant case, and the judgment became final and conclusive around that time.