A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On June 24, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended sentence on July 2, 2016 at the Jung-gu District Court, but the judgment became final and conclusive on July 12, 2017, but the suspended sentence became null and void on July 4, 2017. On July 4, 2017, the same court was sentenced to 6 months of imprisonment for fraud and the judgment became final and conclusive on July 12, 2017. On September 6, 2017, the same court was sentenced to 2 months of imprisonment for fraud and became final and conclusive on November 28, 2017 and conclusive on July 10, 2018.

【Criminal Facts】

At around 01:30 on June 1, 2019, the Defendant was provided with alcohol, food, and entertainment entertainment service, etc. at the “D” drinking house operated by the victim C in Jongno-gu Seoul Metropolitan Government, as if the victim would normally pay the amount to the victim. However, there was no intention or ability to pay the amount because there was no cash or other means of payment under water.

The Defendant received an alcoholic beverage equivalent to KRW 100,000 from the victim and received an alcoholic beverage equivalent to the market price of KRW 100,000,000 from the victim, and did not pay an entertainment entertainment service fee equivalent to KRW 150,00.

Accordingly, the defendant, by deceiving the victim, acquired a total of 350,000 won property interest.

Summary of Evidence

1. A written statement of the police interrogation protocol against the accused;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry results, investigation reports (report on confirmation of the facts before the same criminal records), judgment, investigation reports (report on confirmation of the facts of repeated crimes), and current status of personal confinement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act among repeated offenders, has been punished several times, including punishment for the same kind of crime, and in particular, even though he was punished for a crime of fraud around 2017, he committed the instant crime even though he was under the period of repeated crime.

However, the amount of damage is relatively minor.