The defendant shall be exempted from punishment.

Punishment of the crime

[criminal power] On August 22, 2018, the Defendant was sentenced to four months of imprisonment for fraud in the original branch of the Chuncheon District Court on March 19, 2019, and the judgment became final and conclusive on March 19, 2019. On February 5, 2020, the Defendant was sentenced to six months of imprisonment for fraud in the original branch of the Chuncheon District Court on February 12, 2020.

【Criminal Facts】

On February 23:00 on February 11, 2019, the Defendant: (a) placed two main points of “D” operated by the victim C (the age of 48) on the second floor of the building B at the original city; (b) placed the same attitude that the Defendant would pay the alcohol value normally even though the Defendant did not have the intent or ability to pay the alcohol value normally; and (c) ordered the victim to provide alcohol and alcohol.

The Defendant, by deceiving the victim as above, obtained financial benefits equivalent to the amount of the said amount due to the Defendant’s failure to pay the amount equivalent to KRW 820,000 in total, which was paid by the two owners of the two weeks, and by being provided with entertainment receptions by the victim.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of suspect's previous records and confirmation of the expiration of term of punishment), personal confinement status, court rulings, application of statutes governing the original court rulings in Chuncheon District Court Decision No. 2019No-1123;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the degree of damage to the crime of this case, equity in the case of being tried at the same time as each judgment on which judgment has become final and conclusive, and consideration of the established crime, the time of the crime of this case and the scale of damage);