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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 10, 2013, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, and completed the execution of the said sentence in a medical prison on January 28, 2014.
1. At around 23:30 on January 28, 2014, the Defendant received from the victim C’s main points of the operation of the Dongbcheon-si, Gyeonggi-do, the following: (a) even though the Defendant did not have any intent or ability to pay the drinking value, the Defendant was engaged in the act as if he would pay the drinking value; (b) ordered the victim’s alcohol; and (c) demanded the victim to join the entertainment receptionist; and (d) provided the victim with the entertainment receptionist service equivalent to KRW 180,00 in total at the market price, namely, 20,000.
2. On February 3, 2014, at around 16:40, the Defendant was provided with food, such as 3 illness of beer and sake equivalent to 46,000 won at the market price, i.e., e., 3 disease of beer and sake, etc., from the victim, even though the Defendant did not intend or have the ability to pay the price, and was unable to pay the price.
3. On February 4, 2014, around 10:30, the Defendant received from the victim G entertainment bars in the Dongbcheon-si, Gyeonggi-do, even though the Defendant did not have the intent or ability to pay the drinking value, the Defendant was engaged in as if he would pay the drinking value, ordered the victim to provide alcohol and ordered the rest of the entertainment reception service and demanded the victim to provide the victim with the entertainment reception service equivalent to 280,000 won at the market price.
Accordingly, the defendant deceivings victims to acquire financial benefits.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused;
1. Each written statement of G, E, and C;
1. Each receipt; and
1. Previous convictions: References to criminal records and investigation reports (in addition to latest sentence A and data concerning the current status of personal identification of a suspect, applicable);
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime;