A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 6, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Changwon District Court Msan Branch, and completed the execution of the sentence in the Changwon prison on May 11, 2018.

On July 29, 2018, the Defendant: (a) around 19:50 on July 29, 2018, at the “D cafeteria” operated by the victim C in Changwon-si Member C, Changwon-si; and (b) under the circumstances, the Defendant ordered the victim to provide alcohol and food despite the absence of the intent or ability to pay the cost despite being provided with alcohol and food from the injured party, and ordered the victim to provide alcohol and food.

The defendant acquired the 41,00 won of the market price from the injured party by being provided with 2 smallest 41,000 won of the market price, 1 C, 1 C, fluor, and air brub.

On July 22, 2018, the Defendant ordered food to the victim on July 17:30, 2018, at the “cafeteria” operated by the victim F in Changwon-si E, Changwon-si, and the fact was committed as if the victim did not have the intent or ability to pay the amount even if he was provided with food from the victim, and even if he did not have the intent or ability to pay it, the Defendant ordered food to the victim.

The Defendant received from the injured party the amount of KRW 109,00 in total amount of the market value of KRW 109,00, KRW 5,000, KRW 23, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Receipts:

1. Previous conviction: Inquiry about criminal history and current status of personal confinement [It is determined that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing each of the crimes in this case];

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act may have the same record of sentencing for concurrent crimes, and consideration of the fact that the crime is committed during the period of repeated crimes, confession and rebuttal, degree of damage, circumstances after the crime, etc.