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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On May 8, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for habitual fraud, etc. in the Busan District Court's Dong Branch Branch, and completed the execution of the sentence in the Daegu Prison on November 6, 2019.
1. On April 2, 2020, on April 23:21, 2020, the criminal defendant against the victim B ordered beer and beer as if the defendant would pay the normal price to the victim, who is the operator, in the “D” located on the first floor of Busan Yandong-gu C.
However, the defendant did not have any intention or ability to pay the amount to the victim because he did not have any means of payment such as cash at the
The Defendant, as above, by deceiving the victim and being provided alcoholic beverages equivalent to the market price of KRW 100,000 from the victim, did not pay the said amount, thereby acquiring pecuniary benefits equivalent to the said amount.
2. Around 05:00 on April 3, 2020, the Defendant: (a) around 05:00, at “G” located in the F2nd floor of Busan F2-gu, Busan, the Defendant: (b) claimed that the Defendant would normally pay the amount to the victim who is an operator; (c) ordered two-jus, three-jus, and a week, and requested that the Defendant be employed
However, the defendant did not have any intention or ability to pay the amount to the victim because he did not have any means of payment such as cash at the
The Defendant, as above, by deceiving the victim and being provided alcoholic beverages and services equivalent to the market value of KRW 510,000 from the victim, did not pay the said amount, thereby acquiring pecuniary benefits equivalent to the said amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of B and E;
1. Previous records: Application of each investigation report (Attachment to the current status of confinement of each suspect, application of Acts and subordinate statutes concerning fraud of the suspect, etc.);
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing criteria; and