A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On April 1, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud at the Changwon District Court, and on July 7, 2016, the execution of the sentence was terminated at Busan Correctional Institution.

[Criminal facts]

1. On August 3, 2017, at around 22:40, the Defendant: (a) provided the victim D’s “singing room” operated by the Chang-si Mapo-si Mapo-si Mapo-si Mapo-si (hereinafter “Sing room”); and (b) even if the Defendant did not have any money, and had no intent or ability to pay the price, the Defendant was provided with the victim’s singing room service equivalent to KRW 300,00,000,000, inasmuch as the Defendant had no intention or ability to pay the price.

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

2. On August 29, 2017, at around 00:30, the Defendant: (a) provided a singing room operated by the Victim FF on the top of the Changwon-si E and the first underground floor; (b) provided the said money due to the lack of money, and even if having received the said money, there is no intent or ability to pay the price; and (c) provided the money as if he did not have any intent or ability to pay the price, etc.; and (d) provided the said money as if he did not have any intent or ability to pay the said money, the Defendant received from the injured party the services of the amount equivalent to KRW 3.10,00 won at the market price, and received KRW 20,000 from the injured party for the loan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of the fact during the period of repeated offense and attachment of the same military force judgment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment recommended on the sentencing criteria: One year; and