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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On August 22, 2014, the Defendant was sentenced to a suspended sentence of 4 months for assault, etc. in the Gwangju District Court’s Macheon Branch, and on January 30, 2015, the same court was sentenced to eight months of imprisonment for fraud, etc. on February 7, 2015 by the same court, which became final and conclusive on February 7, 2015, and the sentence of suspended sentence became effective, and was released on November 30, 2015 during the execution of each of the above sentence, and the parole period expired on December 12, 2015.
【Criminal Facts】
1. [Attachment 2016 Highest 1525]
A. On April 25, 2016, the defrauded: (a) around 02:40 on April 25, 2016, the Defendant ordered the victim’s drinking in the “E” entertainment drinking club operated by the victim D in Macheon-si, 2016; (b) ordered the victim’s drinking in the “E” entertainment drinking club; and (c) demanded
However, the defendant did not have any income or property and received alcohol from the victim, and had no intent or ability to pay the price even if the defendant received the service from the entertainment receptionist.
The Defendant received from the victim a total of KRW 610,00,00 from the victim and received from the victim the service of the entertainment receptionist.
Accordingly, the defendant, by deceiving the victim, received property and acquired property benefits.
B. On May 4, 2016, around 03:00 on May 4, 2016, the Defendant ordered the victim’s alcohol, etc. from the main point of “H” operated by the victim G in the net City F at 03:00.
However, the defendant did not have any income or property so that he did not have any intention or ability to pay the price even if he receives the alcohol from the victim.
The Defendant received from the victim the 50,000 won of the total amount of KRW 50,00,000 and the 1st share of a beer.
Accordingly, the defendant is receiving property by deceiving the victim.
C. On May 28, 2016, on May 28, 2016, the Defendant ordered the Victim’s alcohol, etc. at the point of “K” operated by the Victim J in 22:00 p.m. on May 28, 2016.
However, the defendant does not have any income or property and does so from the victim.