A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On August 20, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court, and completed the execution of the sentence in the Busan Correctional Institution on January 29, 2020.

At around 20:00 on January 29, 2020, the Defendant did not have the ability to pay the amount even if the Defendant was provided with alcohol and helper services from the victim on the same day because the Defendant did not pay the amount, such as the drinking value, due to the relationship released from the Busan prison on the same day.

Nevertheless, as the Defendant would normally pay the drinking value, etc., the Defendant was provided with 340,000 won of beer and 20,000 won of beer, 60,000 won of beer, 210,000 won of beer, and 30,000 won of tobacco.

Accordingly, the defendant, by deceiving the victim, acquired a total of 640,000 won of property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A photograph by cutting down CCTV images, such as a receipt, or on-site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, commits the second offense on the day when the defendant was sentenced to 8 months of imprisonment with prison labor for the same type of criminal act, and the fact that the defendant did not agree with the victim or did not pay the amount of damage, is disadvantageous to

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.