A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 30, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on September 30, 2016 and completed the execution of the sentence at the Busan Correctional Institution on October 28, 2016.

Criminal facts

On December 29, 2016, around 03:05, the Defendant found the “E” main point of the victim D’s operation on the third floor of the Busan Shipping Daegu C building in Busan Metropolitan City as the customer, and had the intent and ability to pay the amount to the victim, the Defendant ordered the alcohol and requested the helper service.

However, the defendant did not have any intention or ability to pay the price even if he received alcoholic beverages, etc., because he does not have any means of payment, such as cash or credit card.

As above, the Defendant had been provided with alcoholic beverages and services equivalent to 6.50,000 won in total, including 20,000 won per 17-year Bluu and Domina services, regardless of the victim’s deception from the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A statement;

1. Business license;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, investigation reports (including confirmation of repeated offenses, etc., and one copy of the confinement status of each additional individual, such as adjudication, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is that the Defendant did not know even though he was a repeated offender due to the same criminal record and did not reach an agreement with the victim after the release of the instant crime, and that the Defendant did not reach an agreement with the victim.

Provided, That the punishment shall be determined as per Disposition in consideration of the fact that the defendant is led to confession, the degree of damage to the victim, the health status of the defendant, the past criminal punishment records, etc.