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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 28, 2013, the Defendant was sentenced to seven months of imprisonment for fraud in the Western District Court Branch Branch of the Daegu District Court, and completed the execution of the sentence on April 7, 2014.
[2014 Highest 6631] On November 10, 2014, the Defendant ordered alcohol and alcohol equivalent to KRW 1.3 million in the market price of E entertainment tavern operated by the victim D in Daegu Dong-gu, Daegu-gu, about 18:00 on November 10, 2014.
However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim.
As above, the Defendant deceptioned the victim, and was provided by the victim with alcohol and alcohol equivalent to KRW 1,300,000 at the market price in the same place.
Accordingly, the defendant was given property by deceiving the victim.
[2015 Highest 1257] On November 2, 2014, the Defendant stated to the effect that “the Defendant would lend KRW 20,000,00,000 to the Plaintiff’s Hju store operated by the Victim G in Daegu Northern-gu, Daegu-gu, as if he would pay the cost of alcoholic beverage and the service fee of the U.S.,” and that “the Defendant would sell the alcohol to the victim and do so.”
However, there was no intention or ability to pay the price, service fee, etc., and even if the money was borrowed from the victim, there was no intention or ability to pay it.
As such, the Defendant, by deceiving the victim and being provided two soldiers with the same amount equivalent to the market price of 360,000,000 from the victim’s seat, was provided with 120,000 won of the total fee, and was provided with 20,000 won of the loan.
Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 500,000 from the victim property or property benefits.
[2015 Highest 1582]
1. On November 3, 2014, the Defendant issued an order for alcohol and alcohol as if he would normally pay the alcohol value in spite of the absence of an intent or ability to pay the alcohol value at the K stores operated by the Victim J in Daegu-gu, Seo-gu. on November 3, 2014.