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

Punishment of the crime

On February 14, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence in the said prison on May 16, 2017.

1. On January 22, 2018, around 08:45, the Defendant: (a) committed as if the Defendant would pay the amount in the “E cafeteria” operated by the victim D in Gangnam-gu Seoul Metropolitan Government; (b) ordered two net comments to the victim; and (c) received food equivalent to KRW 12,000 in total at the market price from the victim.

2. On January 22, 2018, around 14:45, the Defendant: (a) committed as if the Defendant would pay the amount in the “H cafeteria” operated by the Victim G located in the Gangnam-gu Seoul Metropolitan Government, the Defendant issued two orders for the victim’s apportionments, two liquors, two liquors, etc.; and (b) received the victim’s delivery of alcohol and food equivalent to KRW 39,000 in total market value from the damaged person.

3. On January 23, 2018, around 11:30 on January 23, 2018, the Defendant was running as if the Defendant would pay the amount in the “K cafeteria” operated by the Victim J in Gangnam-gu Seoul, Seoul, and ordered two sons and one son per week, and the Defendant was issued with alcohol and food equivalent to KRW 52,00 in total at the market price from the injured party.

4. On January 23, 2018, around 21:00, the Defendant committed an act as if the Defendant would pay the amount in the “Nuding room” operated by the victim M in Gangnam-gu Seoul Metropolitan Government L. The Defendant ordered the victim 27 bottles and one day week, etc., and the Defendant was issued with alcohol and food equivalent to KRW 230,000 in total at the market price from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made against D or M;

1. A written statement of G and J;

1. Previous conviction: Application of a written reply to criminal history, a criminal investigation report (report on confirmation of the fact of a suspect, a repeated crime), and the current status of personal expropriation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The defendant and his defense counsel's argument of mental and physical weakness under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes.