A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 31, 2019, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence on February 13, 2020.

On March 10, 2020, at around 21:00, the Defendant provided the victim with drinks, food, and singing services and lent money to the victim in the “Ding room” operated by the victim C, which is located under the 1st underground of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and paid the money properly, and received orders for drinks, food, and drink, etc., and received orders for singing services, and received KRW 150,000 in cash.

However, the defendant did not have money to pay or account transfer such as cash or credit cards.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim 150,000 won in cash, three tobacco equivalent to the market value of KRW 5,000 in the amount of KRW 5,00 in the amount of KRW 5,00 in the market value, fourteen drinking water equivalent to the market value of KRW 3,00 in the amount of KRW 3,00 in the market value, 50,000 in the amount of KRW 50,00 in the market value, 50,000 in the market value, 20,000 in the market value, respectively. The Defendant was provided with singing services equivalent to KRW 40,00 in the market value of KRW 50,00 for nine hours.

Accordingly, the defendant, by deceiving the victim, received property equivalent to 337,000 won, and acquired property profits equivalent to 360,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Investigation report (report on the binding of a note entered in the amount of damage);

1. Previous records: Application of criminal records, inquiry reports, and criminal investigation reports, and statutes;

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

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

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] and the range of recommendations [the types] for fraud [the type 1] below 100 million won [the special person] - the mitigation element: the mitigation element - the aggravation factor: the same repeated crime [the scope of recommendations and recommendations].