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Defendant shall be punished by a fine of KRW 500,000.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On July 4, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court on July 4, 2013 and the judgment became final and conclusive on July 12, 2013.
Criminal facts
1. On March 1, 2012, from around 01:00 to 07:00 the following day, the Defendant ordered the alcohol as if he would pay the alcohol value at the D main shop B room operated by the Victim C (Y, 54 years of age) of the Gluri-gun. The Defendant demanded to do so.
However, the fact did not have the intention and ability to pay the drinking value.
The Defendant, by deceiving the victim, received food equivalent to KRW 100,00,00, and KRW 120,000,000, and KRW 150,000,000, and KRW 370,000,00, and withdrawn the money as if he would have paid the money, by providing a card with which the withdrawal was not possible, and obtained pecuniary benefits equivalent to the amount of money by way of escape between the victim and the personal shipper.
2. On March 2, 2012, from around 20:30 to around 00:15 the following day, the Defendant: (a) at the 1studio of Gjuk-gun E victim F (M, 49 years of age) operated by Gju-gun, “The head of the company would have a director of the company and the head of the division;” and (b) ordered the payment of the liquor value as if he would pay the liquor value.
However, there was no intention or ability to pay the drinking value.
The Defendant, by deceiving the victim, was provided with food equivalent to KRW 60,00 and KRW 60,000 and KRW 60,000, and KRW 60,000, and KRW 60,000, and KRW 180,000, and did not pay the amount, thereby taking property benefits equivalent to the said amount.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to F and C by the police;
1. Each invoice;
1. Previous records: Investigation report (related written judgments and certified fixed dates, etc.), relevant written judgments and application of Acts and subordinate statutes to search cases;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 37 of the Criminal Code among concurrent crimes.