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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 19, 2016, the Defendant was sentenced to a suspended sentence of two years for habitual fraud by the Seoul Central District Court on October 22, 2017. On June 22, 2017, the suspended sentence was revoked, and the execution of the sentence was terminated on December 26, 2017. On April 5, 2018, the Seoul Central District Court sentenced four months of imprisonment for fraud and the judgment became final and conclusive on October 9, 2018.
(Revocation of Detention on April 24, 2018)
1. On August 7, 2018, around 17:00 on August 7, 2018, the Defendant ordered the Defendant to pay the alcohol price as if he did not have the intent or ability to pay the alcohol price, and the Defendant received the alcohol and the alcohol amount equivalent to KRW 26,500 from the victim and acquired it by deception.
2. On August 23, 2018, around 22:25, 2018, the Defendant issued an order for alcohol and alcohol as if he/she did not pay the alcohol value without any intention or ability to pay it. On August 23, 2018, the Defendant received the alcohol and alcohol equivalent to KRW 1,020,000 from the victim, and acquired the same by deception.
[2018 Highest 6387]
1. On August 25, 2018, the Defendant, at around 21:10 on August 25, 2018, ordered the victim to drink, food, etc., while doing so as to pay the price at the “J” point operated by the victim I in Gangnam-gu Seoul, Gangnam-gu, Seoul.
However, the defendant did not have cash, and there was no balance, so even if he received alcohol and food from the victim, there was no intention or ability to pay the price.
Nevertheless, the Defendant, by deceiving the victim as such, provided the victim with alcohol and alcohol equivalent to KRW 240,000 in total, from the victim, to the 75,000, an amount equivalent to the market price of KRW 15,00,00, and a 30,000, respectively.
2. In September 28, 2018, the Defendant committed the crime, around 04:10 on September 28, 2018, “M” serving as the victim L in Gangnam-gu Seoul Metropolitan Government K around September 28, 2018.