A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[Criminal Power] On June 25, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual fraud in the Daegu District Court’s Ansan Branch, and completed the execution of the sentence in the first prison of the North Korean Branch on December 31, 2019.

【Criminal Facts】

1. On January 4, 2020, around 16:00 on January 4, 2020, the Defendant: (a) committed the crime, at the “D” restaurant operated by the Victim C in the East Sea as of January 4, 2020; (b) did not possess any means of payment such as cash, credit card, etc.; and (c) did not intend or have an intent to pay the price normally; (d) ordered food; and (e) obtained two copies of kimchi with the total market value of KRW 22,00 from the victim and acquired two copies of kimchi with the total market value of KRW 22,00.

2. On January 4, 2020, the Defendant committed the crime around 22:00 on January 4, 2020, in the “G” room operated by the Victim F in the East Sea on January 4, 2020, under the “G” room operated by the Victim F in the East Sea as of January 4, 2020, the Defendant did not have a cash or credit card payment means and did not have an intent or ability to pay the amount normally. The Defendant issued an order for alcohol and alcohol, and the Defendant received entertainment service from the victim for female employees of the amounting to 660,000 won in total at the market price.

Accordingly, the defendant, by deceiving the victim, received property equivalent to 660,000 won and acquired it by fraud, and acquired property profits equivalent to 60,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Each receipt; and

1. Previous records before ruling: Application of criminal records, investigation reports (the period of repeated crime against a suspect and confirmation of the latest same records), and individual confinement status Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the defendant was released from prison in a number of times or more due to the same criminal act; and (b) five (5) days.