Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal records] On March 22, 2018, the Defendant was sentenced to ten months of imprisonment for habitual fraud at the Jeju District Court, and on May 22, 2018, released from Jeju Prison as the revocation of detention, and the judgment became final and conclusive on June 8, 2018.
[Criminal facts] around 19:00 on June 10, 2018, the Defendant ordered alcohol, food, etc. to the victim under the same attitude as paying normal price at E’s entertainment shop operated by the victim D in Jeju.
However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, food, etc.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) did not pay the amount of money equivalent to KRW 500,000,000 in total from the victim; (c) did not pay the same amount of money to the victim; and (d) did not pay the same amount of money to the victim; and (c) did not pay the same amount of money to the victim, even though the victim was provided with alcohol, food, etc. on a total of 13 occasions from around that time to July 24, 2018, as described in the attached list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of each police damage made to F, G, H, D, and I;
1. Written statements of damage from J, K, L, M, N, andO;
1. Each relevant photograph, each relevant account statement, and on-site photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, inquiry of summary information of the case, text 3 of the judgment, and the current status of personal expropriation, respectively;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Type 1 (less than KRW 100,00) in the aggravated area (one year to two years) (one year and six months) (special aggravated persons) in accordance with the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines, general fraud;
2. Determination of sentence of this case has a large number of times of the instant crime, and the total amount of damage exceeds 4 million won.
(b) damage;