A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2] On March 22, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court, and completed the execution of the sentence on July 22, 2017.

[Criminal facts]

1. On August 9, 2017, the Defendant: (a) around 00:0, around Daejeon-gu, Daejeon-gu C and the second level D EE operated by the victim D; (b) committed as if the victim would normally pay the price; and (c) ordered the victim the Defendant to undergo Category 1 C and 10 C of the siren, and ordered the Defendant to undergo Category 10.

However, in fact, the Defendant did not possess the money that can pay the above-mentioned monetary value and did not have any particular income at the time, so there was no intention or ability to pay the money even if he received the said money from the injured party.

The defendant was provided from the injured party with a total amount of 330,000 won in the market price in the same place, and acquired it by fraud.

2. On September 6, 2017, the Defendant: (a) around 22:43, at the “H restaurant operated by the injured party G in Daejeon Jung-gu, Daejeon; (b) held that the Defendant would normally pay the amount; (c) ordered the Defendant to do so; (d) 1 bottle C, 10 bottle C, and 1 week P, each of which was ordered by the Defendant.

However, in fact, the Defendant did not possess money and did not have any particular income at the time, so there was no intention or ability to pay the money even if he was provided with alcohol and speech from the injured party.

The defendant was provided by the injured party with the alcohol and the immediately preceding share of 165,00 won in total from the market price in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G and D;

1. Arrest report on the occurrence of each case, each on-site photo, receipts for cash sales, and receipts;

1. Previous conviction: A written inquiry about criminal history, the personal acceptance status, and the application of the judgment text and other statutes;

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 following circumstances are the reasons for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and other ages of the accused.