A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On July 22, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the sentence on February 22, 2017, and on September 26, 2017, the Defendant was sentenced to four months of imprisonment for fraud in Busan District Court’s Seo branch branch office, and completed the execution of the sentence on January 22, 2018.

【Criminal Facts】

On March 7, 2018, the Defendant: (a) around 19:30 on March 7, 2018, the victim C’s “D” entertainment bars in Jung-gu, Busan, for the use of cash to pay additional service charges to the entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception.

However, the defendant did not have any cash or other means of payment at that time, and even if he received an alcoholic beverage from the victim, he did not have the intent or ability to pay the amount or pay the amount borrowed from the victim properly.

As above, the Defendant, by deceiving the victim, received KRW 40,000 in total amounting to KRW 480,00 in total, and KRW 100,00 in cash in the name of borrowed money, and acquired pecuniary benefits equivalent to KRW 210,00 in the amount of service charges for entertainment reception workers, and room usage charges of KRW 20,00 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and 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. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Reduction elements of less than KRW 100,00 [type 1] reduction elements of less than KRW 100,00 for fraud according to the sentencing guidelines: Reduction area of the same repeated crime (the area of recommendation and the scope of recommendation), imprisonment with labor for one month or one year;

3. Determination of sentence: A criminal defendant has served for a repeated crime resulting from the same crime, even though he/she had been punished 15 times for the same crime;