A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Justice] On September 23, 2020, the Defendant was sentenced to a suspended sentence of two years on October 6, 2020 to imprisonment with prison labor for fraud, etc. at the Suwon District Court, which became final and conclusive on October 6, 2020.

【Criminal Facts】

1. On October 1, 2020, the Defendant: (a) committed the crime against the Victim B around 10:44, as if he would normally pay the completion money in the “D” restaurant operated by the Victim D; (b) ordered the Victim’s food, and (c) received food equivalent to KRW 2,00,00,000, total market price of which is equivalent to KRW 6,000,000, 200,000,000,000,000,000.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, on October 1, 2020, committed the crime against the victim E, committed as if he would normally pay the completion amount at the “G” restaurant operated by the victim in F of F of F of F of G, and ordered the victim’s food and drink, and the Defendant was issued the victim’s food and beverage amounting to KRW 19,000 in total at the market price, including the victim’s 2 disease in small liquor amounting to KRW 8,000 in the market price, 1 disease in small liquor amounting to KRW 2,00 in the market price, 2,00 in total, and 9,000 in the market price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written statement E and B;

1. Receipts, damage sites, and photographs of details of orders;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the latest same kind of records of a suspect), - Application of one copy of judgment, such as Suwon District Court Decision 2020No4142, shall apply;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (the point of fraud and the choice of imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraudulent offenses. The general fraud (the type 1) shall be less than KRW 100 million.