A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On September 29, 2017, the Defendant was sentenced to six months of imprisonment for fraud in the Incheon District Court’s Vice-Support, and completed the execution of the sentence on January 17, 2018 at the Incheon Detention Center.

[2018 Highest 315] The Defendant, from February 6, 2018 to February 00:30, 06: (a) had no intent or ability to pay the amount even if he/she was provided with alcohol, alcohol, etc., at the “E” entertainment drinking points of the victim D’s operation in Bupyeong-si, Jungcheon-si from around 00:30 to 06:30,000 on the same day. As such, the Defendant, as if he/she would pay the amount normally, had the victim induced the victim, and had the victim provided the sum of KRW 670,00,000, including alcohol, alcohol, and entertainment and drinking services.

[2018 Highest 367] The Defendant, at around 15:30 on February 4, 2018, was provided with 75,000 won in total amount of KRW 20 million per annum from the injured party as if he had had no intent or ability to pay the amount, even if he had been provided with alcoholic beverages, and even if he had not been provided with alcoholic beverages, he had the intent or ability to pay the amount. As such, the Defendant had by deceiving the injured party as if he would normally pay the amount, and was provided with the amount equivalent to KRW 20,00 in the amount of KRW 40,5,000 in the amount of KRW 25,00 per annum from the injured party.

Summary of Evidence

[2018 Highest 315]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to hear statements from a victim by telephone);

1. Notification to a department related to reporting 112 cases;

1. A receipt for damage;

1. On-site photographs, business license photographs (on-site alcoholic beverages, etc.), and photographs of business license (on-site 367);

1. Statement by the defendant in court;

1. G statements;

1. The details of 112 Declarations (previous convictions in judgment);

1. Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (prior conviction and report on repeated crime), judgment, and current status of expropriation of individuals;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] is the increased area (one to two years and six months) (one to two years), and the aggravated area (a special aggravated person) of Article 37, Article 38(1)2 and Article 50 of the same Act.