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

Punishment of the crime

[criminal power] On March 27, 2019, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Chuncheon District Court on May 14, 2019. On June 21, 2019, the Defendant completed the execution of the sentence in the Chuncheon Prison. On October 28, 2019, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Gangnam Branch of the Chuncheon District Court, and the judgment became final and conclusive on October 28, 2019.

【Criminal Facts】

1. On September 30, 2019, the Defendant committed the crime against the victim B at the main point of “D” in the operation of the victim B in the East Sea (hereinafter referred to as the “D”) around September 20, 2019, the Defendant obtained the victim 4 Macju and the victim 125,000 won in total from the victim by receiving an order from the victim with an alcoholic beverage as if he would normally pay the price, even though there is no cash or credit card available for settlement, and even if there is no intent or ability to pay the price due to no cash or credit card available.

2. Crimes against victims E;

A. On September 30, 2019, the defrauded: (a) around 23:30 on September 30, 2019, the Defendant: (b) committed an act as if he would normally pay the price by cash or credit card available to him; and (c) obtained the Defendant by defrauding one disease, etc. in total amount of KRW 260,000 from the victim, even though he/she did not have any intent or ability to pay the price by cash or credit card available to him/her.

B. Around 00:40 on October 1, 2019, the Defendant damaged the property owned by the victim by putting in the bottom the wireless microphone, instant cups, and misunderstandings equivalent to KRW 200,000, a total market price at which the victim was required to pay the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. A detailed statement of receipt and calculation;

1. On-site photographs;

1. 112 Reporting case management table;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect), decisions, and application of Acts and subordinate statutes to the status of confinement of each individual;

1. Relevant Article 347(1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime (the point of fraud) and the choice of punishment.