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

Punishment of the crime

[criminal history] On April 28, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, and the judgment became final and conclusive, and the execution of the sentence was terminated in the first intersection of the North Korean Branch on March 23, 2018.

[2018 Highest 2445] On September 10, 2018, the Defendant received an order from 23:00 to 05:00 to 3:00 on September 10, 2018, for entertainment entertainment clubs operated by the victim C, which had no intent or ability to pay the price, and was given as if he would pay the price to the victim.

As above, the defendant deceivings the victim and acquired property and property benefits equivalent to the total amount of KRW 1,045,000 from the victim.

[2018 Highest 3019] On April 2, 2018, the Defendant issued an order to enter a “G sing clubs” in order to provide alcoholic beverages and liquors and pay the price to the Defendant.

However, the defendant did not have the intent or ability to pay the price even if he orders the foregoing alcoholic beverage and speech as above.

The defendant deceivings the victim as above and acquired the victim's share of 1,045,00 won at the market price from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written statement of C and F;

1. Each on-site photograph and account statement;

1. Previous convictions indicated in judgment: Inquiry about criminal history, reporting of investigation (verification of the history of a repeated crime of the same kind as the suspect, etc.), and application of Acts and

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

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (10 million won or less) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (1 to 2 years and 6 months) of the aggravated area (1 to 100 million won) [a person who is specially aggravated] the same type of repeated crime (a decision of sentence] the defendant