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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
【The Defendant was sentenced to one year of imprisonment for habitual fraud at the Seoul Central District Court on November 21, 2012, and the execution of the sentence was terminated on October 10, 2013. On May 2, 2014, the Changwon District Court sentenced six months of imprisonment for habitual fraud, and completed the execution of the sentence on September 22, 2014. On January 23, 2015, the Changwon District Court sentenced one year of imprisonment for fraud. The execution of the sentence was terminated on November 28, 2015.
【Criminal facts】 2015 Highest 8704】
1. On December 12, 2015, the Defendant ordered 22:30 on December 12, 2015, the victim D’s “E” book operated by the victim D located in Busan-gu Busan-gu, Busan-do, and ordered 2 sick, 4 sick, 4 military units, etc., the total market price of which is equivalent to KRW 100,000,000 to the victim.
However, there was no money at the time, and there was no fixed income, so there was no intention or ability to pay the price even if the defendant received drinking and food from the injured party.
The Defendant was provided with alcohol and food equivalent to 100,000 won in total from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 13, 2015, the Defendant ordered the victim’s “H” singing shop operated by the victim G located in Busan-gu Busan-gu, Busan-do around December 2015, 2015, with an aggregate of KRW 67,00,00 in the market value of the victim, KRW 2 C, and Saju.
However, there was no money at the time, and there was no fixed income, so there was no intention or ability to pay the price even if the defendant received drinking and food from the injured party.
The Defendant was provided with alcohol and food equivalent to 67,000 won in total from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
3. On December 14, 2015, the Defendant committed the crime of December 14, 2015, the Defendant: (a) at the “J” restaurant operated by the Victim I in Busan-gu Busan-gu, Busan-do, multiplied by the total market value of KRW 67,00,00, 3 C, and C; (b)