A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for a special assault, etc. at the Daejeon District Court on December 18, 2015, and completed the execution of the sentence on October 26, 2016. On October 19, 2017, the same court was sentenced to one year and four months of imprisonment with prison labor for a crime of fraud, etc. and the said judgment became final and conclusive on the 27th of the same month.

[Criminal Facts]

1. On February 25, 2017, the Defendant issued an order for alcoholic beverages to the victim C at a singing shop operated by the victim C, who is located in the Taeduk-gu, Taeduk-gu, Daejeon, Seoul on February 25, 2017.

However, the defendant did not have the intention or ability to pay the price.

In other words, the Defendant had been delivered 1 sick and beer sets at a total amount of 350,000 won from the market value by deceiving the victim as above and deceiving the victim.

2. On March 6, 2017, the Defendant ordered the Victim E’s service with alcoholic beverages and entertainment services at a singing shop operated by the Victim E, who is located in Daejeon Seo-gu, Daejeon, Daejeon, as if he would pay the amount, and ordered the Victim E to pay the amount.

However, the defendant did not have the intention or ability to pay the price.

The Defendant: (a) by deceiving the victim as above; (b) received from the victim, the amount of KRW 70,000 equivalent to the market value of KRW 70,00,00 from the victim; and (c) received the amount of KRW 60,00,00 of the usage fee, and acquired the pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A criminal investigation report (time of dispatch to the scene);

1. A receipt for respective payments of alcoholic beverages;

1. All on-site photographs;

1. Investigation report (referring to circumstances, etc. of arrest of flagrant offenders);

1. Previous convictions: References to inquiries, investigation reports (in the course of trial, reports on confirmation), investigation reports (Attachment to previous rulings), investigation reports (Attachment to data related to repeated crimes), and application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes.