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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On January 12, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court on July 23, 2017, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution.
[2018 Highest 3647] On September 7, 2018, the Defendant, from around 21:00 on September 7, 2018 to around 03:20 of the following day, committed as if he would pay the drinking value in the City Heung building B, and the Gabran dan operated by the victim C with the second floor, ordered the victim to be 50 Macju, etc.
However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.
The Defendant, by deceiving the victim as such, had been provided with alcohol equivalent to the total market value of KRW 680,00,000 from the victim, that is, the Defendant acquired pecuniary benefits equivalent to the above amount after being provided with an alcoholic beverage and an alcoholic beverage and service.
[2019 Highest 806] On May 23, 2018, the Defendant made a false statement to the victim F (the age of 45) in E gas stations located in Gyeonggi-gun D, Gyeonggi-do, stating that “The Defendant will receive transit, put it into the house, put one element of it into the house, and deposit gas expenses, etc. into the account.”
However, in fact, the defendant consumeds all the money that he has been collected with the marriage fund of the young children, and appropriated the loans and living expenses that he has to pay each month, and there was no other benefit, so there was no intention or ability to pay the money even if he received the transit and the number of elements from the victim.
The Defendant, as such, by deceiving the victim, received from the victim the total sum of KRW 480,00,000 from the market value, and received the number of elements.
[2019 Highest 980] The Defendant, around January 12, 2019, committed the following acts: (a) around 03:46, the “I” of the victim H operation in Michuhol-gu Incheon Metropolitan City, and (b) the Defendant, even if having been provided with alcohol, alcohol, etc. from the victim, did not have the intent or ability to pay the price.