Text
A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On July 26, 2012, the Defendant was sentenced to imprisonment with prison labor for special robbery, etc. at the Changwon District Court on July 26, 2012 and completed the execution of the sentence at the Changwon detention center on November 17, 2014.
[2018 Highest 106] Around 23:00 on October 26, 2015, the Defendant ordered two weeks of disease, three bottles of disease, one disease, and one betting, etc., when the Defendant took the place at the D main points of the Victim C’s Operation, which are located at the window B of Changwon-si, Changwon-si.
However, as the Defendant did not have cash or credit cards, the Defendant did not have the intent or ability to pay the price even if he/she orders the alcohol and the alcohol as above.
As above, the Defendant: (a) by deceiving the victim C and receiving an alcoholic beverage from the victim C, that is, he did not pay KRW 173,00,000; and (b) obtained pecuniary benefits equivalent to the same amount; and (c) from March 30, 2017, by deceiving the victims on a total of seven occasions, from March 30, 2017, the Defendant acquired pecuniary benefits equivalent to KRW 5,768,00 in total, as stated in the attached crime list.
[2018 Highest 725] The Defendant, around 00:00 on November 23, 2017, committed as if he would pay the amount at the Gju's Gju operated by the Victim F in Seo-gu, Seobuk-gu, Seoan-gu, Seocheon-si, as if he would pay the said amount, ordered to do so 17-year Pene 1 disease, safe drinking, drinking drinking, etc.
However, as the Defendant did not have cash or credit cards, the Defendant did not have the intent or ability to pay the price even if he/she orders the alcohol and the alcohol as above.
Nevertheless, the Defendant did not pay 350,000 won when he received alcohol from the victim, i.e., he received alcohol from the victim, and thereby acquired the same pecuniary profit.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
[2018 Highest 3160] The Defendant did not have the intent or ability to pay the amount at the point of “J” in the operation of the victim I located in the Jung-gu Daejeon on October 4, 2017 at around 00:40.