A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Justice] On November 4, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul East Eastern District Court, and completed the execution of the sentence on November 6, 2016, and on September 6, 2018, the Seoul Western District Court sentenced one year of imprisonment for a crime of habitual fraud at the Seoul Western District Court, and completed the execution of the sentence in the Seoul Southern Southern Prison on January 27, 2019.

【Criminal Facts】

At around 20:00 on January 28, 2019, the Defendant, at the “D” point operated by the victim C of B-1st underground floor in Gwangjin-gu Seoul Special Metropolitan City, even though he did not have the intent or ability to pay the price even if he did not follow the order of alcohol and alcohol, ordered the victim to provide alcohol and alcohol as if he would pay the price.

As above, the Defendant, by deceiving the victim as above, took place with alcohol and alcohol provided by the victim, but did not pay 249,000 won, thereby acquiring property benefits equivalent to KRW 249,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Receipts, on-site photographs;

1. Previous records: Investigation reports (verification of suspect's criminal investigation records and records of confinement), results of search of persons subject to investigation, results of search of prisoners, information on persons subject to probation, inquiry into criminal records, and application of Acts and subordinate statutes;

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

1. An unfavorable condition for sentencing under Article 35 of the Criminal Act among repeated offenders: A favorable condition that the Defendant committed the instant crime following the day on which he/she was released even though he/she had a very much history of punishment with the same content: The following circumstances are divided into and reflects his/her mistake; the victim’s damage was recovered and agreed; and other conditions of sentencing specified in pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime;