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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On April 29, 201, the Defendant was sentenced to ten months of imprisonment for a crime of fraud, etc. in the Daejeon District Court Dasan Branch on April 29, 201, and completed the execution of the sentence on December 29, 201.
【Criminal Facts】
1. On February 15, 2012, around 20:40, the Defendant, along with B, received the victim’s alcohol and alcohol equivalent to KRW 130,000 from the victim, as if he/she did not have an intent or ability to pay the alcohol value, and as such, he/she could have paid the price without having an intention or ability to pay the alcohol value.
Accordingly, the defendant acquired the above property from the victim in collusion with the victim B.
2. At around 22:40 on February 15, 2012, the Defendant, along with B, received the victim’s alcohol and alcohol equivalent to KRW 180,000 from the victim, as if he/she did not have an intent or ability to pay the alcohol value, and as such, he/she could have paid the price, even though he/she did not have an intention or ability to pay the alcohol value.
Accordingly, the defendant acquired the above property from the victim in collusion with the victim B.
3. Around 01:00 on March 14, 2012, the Defendant: (a) received alcohol and alcohol equivalent to KRW 500,000 from the victim himself/herself; and (b) obtained such alcohol and alcohol from the victim as if he/she did not have the intent or ability to pay the alcohol value; and (c) obtained such an order from the victim as if he/she did not have the intent or ability to pay the alcohol value.
4. On March 30, 2012, the Defendant: (a) around 23:10 on March 30, 2012, issued an order of alcohol and alcohol to the victim as if he/she did not have an intent or ability to pay the alcohol value; and (b) obtained such an order from the victim and acquired the alcohol and alcohol equivalent to KRW 300,000 from the victim.
5. On March 31, 2012, the Defendant paid the alcohol value from the “ Quuno P” store operated by the victim P located in the Chungcheongnam-gun, Chungcheongnam-nam P around 01:10.