A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On July 11, 2014, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Ulsan District Court, and completed the execution of the sentence at the Ulsan District Court on December 6, 2015. On February 13, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor at the Busan District Court for fraud, and the judgment became final and conclusive on February 21, 2017.

[2] On January 15, 2017, around 00:30 on January 15, 2017, the Defendant: (a) committed an act as if he would normally pay the drinking value at the “E” drinking house operated by the victim in Busan, Daegu, Busan, and ordered the victim to provide alcohol, alcohol, etc.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the injured party due to the lack of money or card.

The Defendant: (a) by deceiving the victim as above; (b) provided the victim with the service of 1 sick, Salju, and one amusement receptionist, etc. from the victim; and (c) did not pay 50,000 won of the price; and (d) acquired the same pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, inquire into personal confinement/ depreciation, report on investigation (report on confirmation of previous convictions in the disposition and report on confirmation of the date of release);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. Article 37 of the Criminal Act provides that the reason for the sentencing of Article 39(1) of the Criminal Act (the scope of the recommended punishment shall be less than KRW 100 million) shall be aggravated (one to two years and six months), (one year and six months), where the judgment of the same type of repeated crime becomes final and that of this case are concurrent crimes after Article 37 of the Criminal Act, and the sentencing guidelines are not applicable. Thus, the scope of the recommended punishment shall be referred to only as above.

[Opinion of Prosecutor] One year of imprisonment with prison labor (decision of sentence] and one year of imprisonment with prison labor, the defendant has the same criminal records as the defendant in several times.