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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 21, 2020, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on September 20, 202 and completed the execution of the sentence on September 20, 202.
"200 Highest 4203"
1. On October 18, 2020, around 00:30 on October 18, 2020, the Defendant ordered the victim B to perform the alcohol as if he did not have the intent or ability to pay the price even if he ordered the alcohol, and he received the alcohol equivalent to KRW 70,00,000,000, including 7 C C, from the victim.
2. On October 18, 2020, the Defendant against the victim E (hereinafter “victim E”) issued an order for alcohol as if he were unable to pay the price, and the Defendant received the order from the victim E (hereinafter “victim E”) with a total of KRW 140,00,00,00,000 from the victim E (hereinafter “victim E”) and acquired the order through deception when he did not have any intent or ability to pay the price.
"200 Highest 4421"
3. On October 14, 2020, the Defendant: (a) around 04:00, at the main point of “J” operated by the victim H on the south-gu I and the 1st underground floor of Busan, Busan, and (b) on October 14, 2020, the Defendant ordered the alcohol as if he were to pay the price although he did not have the intent or ability to pay the price; and (c) the Defendant received the alcohol from the damaged party or the sum of KRW 570,000,000, such as Glomond Ski 3 C and acquired it.
Summary of Evidence
"200 Highest 4203"
1. Statement by the defendant in court;
1. B and E's previous records of each receipt: A reply to inquiry, such as criminal history, and investigation report (verification of suspect's repeated crime), 2020 order 4421;
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of interim Acts and subordinate statutes on invoices;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The Criminal Act for aggravated repeated crimes.