A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[Criminal Power] On November 26, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Chuncheon District Court, and completed the execution of the sentence on April 27, 2016.

【Criminal Facts】

around 03:30 on January 24, 2019, the Defendant: (a) was operated by the Victim C in Gangseo-gu Seoul Metropolitan Government, and (b) was committed as if the Defendant had no intent or ability to pay the drinking value, etc.; (c) was unaware of the Defendant’s deceptioning the victim to pay the said amount normally; and (d) was provided by the victim with an alcoholic beverage amounting to KRW 125,00,000, such as beer five diseases, ratss, etc.; and (e) the Defendant did not pay the said amount.

As a result, the defendant deceivings the victim and received an amount equivalent to KRW 125,00,00 and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on receipts and photographs;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing Article 35 of the Criminal Act among repeated offenders: The defendant is admitted to commit a crime and the amount of damage is not significant;

The injured does not want the punishment of the accused.

D. Unfavorable circumstances: The Defendant had a record of having been sentenced 6 times to imprisonment with prison labor due to a imprudent fraud, and recidivism was made even during the period of repeated crime due to the same crime of fraud.

Although the defendant committed the crime of this case one time during the period of repeated crime and received a fine of one million won by a summary order, he/she again committed the crime of this case, deeming that he/she did not intend to improve his/her character and conduct, and is also likely to commit the crime of this case.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.