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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Justice] On March 5, 2008, the Defendant was sentenced to imprisonment with prison labor for a crime of habitual fraud at the Suwon District Court on July 24, 2009; imprisonment with prison labor for a period of one year from the Suwon District Court on October 13, 2010; imprisonment with prison labor for a period of four months from the Suwon District Court on May 13, 201; imprisonment with prison labor for a crime of fraud at the Suwon District Court on May 16, 2012; one year from the Suwon District Court on June 14, 2013; imprisonment with prison labor for a period of one year from the Suwon District Court on March 30, 2015; and the execution of the sentence on June 19, 2015.
【Criminal Facts】
1. The Defendant, from August 9, 2015 to August 02:00, 2015, “E” operated by the victim D, who had been in the lusium C, and from August 10, 2015 to August 10, 2015, the Defendant used a singing room equivalent to KRW 1,00,00 (30,000,000 per hour, and 6 hours per hour) with the victim, despite the absence of the intent or ability to pay the price, even if he/she was provided with alcoholic and musical instruments because he/she had no money at the time, and used the musical instruments as if he/she would pay the price.
Accordingly, the defendant deceivings the victim and defrauds the amount of 3.80,000 won.
2. On August 22, 2015, the Defendant: (a) from around 00:10 to around 00:40, the main point of “H” operated by the Victim G in Suwon-si F; (b) the Defendant, despite having no intent or ability to pay the price even if he/she was provided with alcoholic beverages because of the lack of money at the time, he/she did not have any intent or ability to pay the price; (c) ordered the Victim’s alcoholic beverage as if he/she would be paid the price; and (d) received from the Victim the two main points of “H” in which the market price is 120,00
Accordingly, the defendant acquired the total amount of KRW 500,000 through twice habitually.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer's statement about D and G;
1.Each.