A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On August 26, 2015, the Defendant was sentenced to one year and two months of imprisonment for fraud in the Jinwon District Court’s Jinwon District Court’s Jinju branch on July 26, 2016, and completed the execution of the sentence at Jinju prison on July 26, 2016.

[Criminal facts]

1. On February 21, 2018, the Defendant: (a) around 17:00, at the “main point” of the victim D’s operation located in Busan Yong-gu, Busan YA; and (b) notwithstanding the fact that the Defendant did not have the intent or ability to pay the price even if he was provided with alcoholic beverages from the injured party, the Defendant ordered alcoholic beverages as if he would normally pay the price; and (c) the Defendant was issued an order of alcoholic beverages and the amount equivalent to KRW 140,00,00 in total at the market price of the injured party, such as 16 C/S and 1,000, around

Accordingly, the defendant was given property by deceiving the victim.

2. On March 1, 2018, the Defendant: (a) around 22:30, at the “singing point of the victim F’s operation on the 1st underground floor of Busan Seo-gu E, Busan, and (b) around 295,00 won in total of the market price of the victim, including one set, one set, one set, and one set, and one set, from the victim, were issued to the victim, even if the victim did not have the intent or ability to pay the price, despite having been provided with alcoholic beverages and the share from the victim; (c) the Defendant, despite having not been aware of the intent or ability to pay the price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Each investigation report and each report on occurrence;

1. Each receipt and photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written inquiry, personal acceptance status, and judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the repeated offense of the same kind;

2. Sentence;