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

Of the facts charged in the instant case, the charge of larceny is acquitted.

Punishment of the crime

[criminal record] On November 13, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, and completed the execution of the sentence in a governmental prison on December 20, 2015. On September 6, 2017, the same court sentenced one year and four months of imprisonment for a crime of larceny, and completed the execution of the sentence in the Chuncheon prison on August 7, 2018.

[Criminal Facts of crime] On September 14, 2018, the Defendant ordered the victim D (B) who is an employee of the “C” entertainment tavern (hereinafter “instant main shop”) located under Seopopoposi B (hereinafter “instant main office”) to “B,” and ordered the Defendant to provide a 2,092,000 alcohol and alcohol equivalent to KRW 2,00,00 when the Defendant had the ability to make it possible for the victim to raise a large amount of sales in the future.”

However, the Defendant was not the general manager of E, who was scheduled to be held on October 2018, and did not have the authority to set the bus transit route, etc. for transporting military personnel attending E. On August 7, 2018, the Defendant was released from the prison, and there was no special revenue source, and there was no payment means other than approximately KRW 1,040,000 at the time, and there was no payment means except for approximately KRW 1,040,000. Therefore, even if the Defendant was provided with alcohol and alcohol as above by the victim, there was no ability to make it possible for the Defendant to make a larger sales in the future or to pay for the said alcohol and alcohol.

As such, the Defendant, by deceiving the victim, was provided with an alcoholic beverage of KRW 2,092,00 from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. A statement made by the witness D in this Court;

1. The first written statement of the suspect examination protocol against the accused prepared by the public prosecutor;

1. Entry of the written statements of D;

1. Entry of the receipt; and

1. Each image of the related photograph (Evidence No. 124, 125 pages of evidence);

1. Previous convictions: Investigation report (recognating the period of repeated crimes) prepared by the police;