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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 31, 2018, the Defendant was sentenced to imprisonment with prison labor and two months for fraud at the Daegu District Court on August 31, 2018, and completed the enforcement of the sentence at the port prison on June 15, 2019.
1. Around June 15, 2019, the Defendant against the victim B: (a) around 22:00, at the D points operated by the victim B in Ansan-si, A; (b) the fact was done as if the Defendant would have paid the price in a normal manner even though he/she had no intent or ability to pay the price; and (c) ordered the Defendant to pay the price in a normal manner.
The Defendant, by deceiving the victim as above, did not pay the amount of KRW 440,00,00,000, even though he was provided with alcohol, alcohol, and gambling from the victim, thereby acquiring pecuniary benefits equivalent to that amount.
2. On July 14, 2019, around 00:20 on July 14, 2019, the Defendant issued an order for alcohol, alcohol, etc. to the victim E, who had no intent or ability to pay the price, by doing so as to pay the price normally.
The Defendant, by deceiving the victim as above, did not pay KRW 130,000,00 of the price to the victim, even though he was provided with alcohol, alcohol, and gambling by the victim, thereby acquiring pecuniary benefits equivalent to the same amount.
3. Around August 18:15, 2019, the Defendant against the victim H issued an order for the meat and alcohol as if the Defendant would pay the price in a normal manner, even though the Defendant did not have the intent or ability to pay the price.
As above, the Defendant: (a) did not pay KRW 133,00,000 for the money despite the victim’s deception by deceiving the victim; and (b) obtained pecuniary benefits equivalent to the said amount by failing to pay the said amount.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of H and B;
1. Each statement prepared by K and E;
1. A report on internal investigation (including a report on occurrence and autopsy), internal investigation report (a receipt to a J-cafeteria), and data to be attached;