상습사기등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that from the date of this judgment.
The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and sixty hours of community service order) that the court below sentenced the defendant is too unreasonable.
With respect to Paragraph 1 (Habitual Fraud) of the facts charged in the trial, the ex officio judgment prosecutor refers to the sequence of Paragraph 1 of the existing facts charged.
The judgment of the court below that found the defendant guilty could no longer be maintained since it changed to the port and added the following facts charged, and this court permitted it and changed to the object of the judgment.
【Supplementary Facts】
B. At around 06:10 on October 5, 2016, the Defendant: (a) performed as if he/she was able to pay the drinking value, despite having no intent or ability to enter an entertainment drinking club in the “K” operated by the victim J, which was located in Ansan-gu I; and (b) ordered the drinking and drinking week; and (c) requested three amusement reception reception service providers to provide three entertainment reception service providers, and did not pay the said amount, and (d) obtained property benefits equivalent to the same amount as the Defendant did not pay the said amount.
C. On October 28, 2016, around 02:00, the Defendant: (a) performed as if he/she had no intent or ability to pay the drinking value by entering the “N” store for the management of L Victim M to customers; (b) received the delivery of alcohol and alcohol equivalent to KRW 3.60,000,000, in total, of alcohol and alcohol for the two weeks, and alcoholic beverages, etc., from the Government of the Republic of Korea.
In this regard, the defendant habitually accused the victim and received property or property benefits.
Therefore, the judgment of the court below is reversed, and the guilty part of the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court.