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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
"2014 Highest 4862"
1. On November 29, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the Gwangju District Court’s Netcheon Branch, and completed the execution of the sentence on March 6, 2013. On June 13, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, which became final and conclusive on the 21st of the same month.
On April 27, 2014, around 22:30 on April 27, 2014, the Defendant ordered the victim’s alcohol, etc. as if the victim D were to pay the price.
However, the defendant did not have the intention or ability to pay the price even if he orders the alcohol, etc.
The Defendant was provided by the victim with alcohol equivalent to KRW 2,90,00 in the market price, such as 2 flue flue fluor and fluor flue service charges.
Accordingly, the defendant was given property by deceiving the victim.
"2014 Highest 5996"
2. On March 9, 2014, around 13:30 on March 9, 2014, the Defendant ordered 1 to 1st century and 2 second bottles by taking the attitude that the victim G would pay food to the victim at the “H” restaurant operated by the victim G in Jeju City F.
However, there was no intention or ability to pay the price due to the absence of the credit card or cash in possession.
The Defendant, as such, by deceiving the victim, received from the victim the total amount of 15,00 won by being provided with one studio in the sea area equivalent to the market value of 8,000 won and two studios equivalent to the market value of 7,000 won.
3. On March 10, 2014, around 02:51, the Defendant received the total amount of KRW 17,000 worth of KRW 13,00,00 from the main point of “K” operated by the Victim J on Jeju-si, with the same method as “K” (hereinafter referred to as “K”).
Summary of Evidence
[2014 Highest 4862]
1. Defendant's legal statement;
1. Statement made to D by the police;
1. An invoice (2014 highest 596);
1. Defendant's legal statement;
1. A written statement of G and J;
1. Previouss before ruling: Criminal history records, inquiry reports, investigation reports (Evidence Nos. 11);