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A defendant shall be punished by imprisonment for one month.
Reasons
Punishment of the crime
On August 21, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Daegu District Court for fraud, etc. on December 20, 2014, and the execution of the sentence was terminated on December 20, 2014. On October 6, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. in the same court, and the judgment became final and conclusive on October 14, 2015.
1. On May 15, 2015, around 23:00, the Defendant: (a) committed a “Dju shop” operated by the victim C in the Daegu Seo-gu B underground1st floor; (b) as if he were to pay the price; and (c) ordered the victim to provide alcohol and alcohol.
However, there was no intention or ability to pay the amount because the defendant was a person with bad credit standing and did not have credit card and did not have cash.
The Defendant, as such, by deceiving the victim, received a total of KRW 1,320,00 from the victim, namely, an alcoholic beverage and an alcoholic beverage equivalent to a total of KRW 1,320,000, and did not pay the amount, thereby acquiring property benefits equivalent to the same amount.
2. On May 28, 2015, the Defendant: (a) around 23:30 on May 28, 2015, at the main point specified in paragraph (1), as if the Defendant were to pay the price to the said victim by the same method; and (b) ordered the said victim
However, there was no intention or ability to pay the amount because the defendant was a person with bad credit standing and did not have credit card and did not have cash.
The Defendant, as such, by deceiving the victim, received a total of 350,000 won from the victim, and did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.
Accordingly, the defendant, by deceiving the victim more than twice, acquired a total of KRW 1,670,00 from the victim's pecuniary benefits.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. C’s statement;
1. Receipt of each order;
1. On-site photographs;
1. Previous convictions in the judgment: The defendant's legal statement, criminal records, personal identification and confinement status, and the case in the judgment of investigation report.