A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 12, 2012, the Defendant sentenced the Cheongju District Court to one year and six months of imprisonment for fraud, and completed the execution of the sentence on March 11, 2014.

On April 2, 2015, the Defendant: (a) around 00:10, the fact at “E” operated by the victim D in Seongbuk-gu Seoul Metropolitan Government, was committed as if he did not have the intent or ability to pay the price even if he was provided with drinking and drinking, and (b) ordered the victim to pay the price normally; and (c) obtained the victim’s order of drinking and drinking with the victim’s order of drinking and drinking with the total amount of KRW 220,000, and 20,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Receipts:

1. A report on investigation (a report on hearing statements by a victim);

1. Criminal records: Application of Acts and subordinate statutes to criminal records, current status of confinement by individual, and report (verification report of the person before and after the expiration of the term of punishment);

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is [Scope of Recommendation] General Fraud (less than KRW 100 million) and where mitigation area (a period of one month to one year), [a person who is specially mitigated], or where considerable damage is recovered / (a decision of sentence] of the same repeated crime (a decision of a sentence / the defendant is deeply divided and reflects the defendant's punishment, and the victim does not want the punishment. However, although the records of punishment for the defendant for the same crime are nine times or more, it is five times that the defendant was punished for the same crime, and the defendant was sentenced to a fine not for the same crime even after the execution of the punishment has been completed, and the defendant was sentenced to a fine not for the same crime even after the execution of the punishment has been completed, on November 27, 2014 during the repeated crime period, was sentenced to imprisonment with prison labor for more than four months at the Seoul Northern District Court of Seoul, and appealed therefrom on February 6, 2015 after accepting the defendant's appeal from the same court.