A defendant shall be punished by imprisonment for six years.

A victim shall have one seized wall, three thousand won right, five thousand won right (Evidence No. 1).

Punishment of the crime

On May 27, 2004, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on November 16, 2007, the Defendant was sentenced to two years and six months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on April 9, 2010.

[2011Gohap470]

1. On June 23, 2010, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) ordered the victim F, an employee, to pay the alcohol value as if he/she would pay the alcohol value; (b) he/she received alcohol and alcohol equivalent to KRW 510,000 at the market price from the victim; and (c) made a drink by taking advantage of the gaps in which he/she was diving from the victim’s account, he/she presented one debit card of a new bank owned by H, the husband of his/her her her her her her her her her her her her husband, to pay 400,000 won; and (d) the remainder of 110,000 won would make a payment without passbook to the victim’s account.

However, the defendant did not have the intention or ability to pay the drinking value because of the lack of money held by him, and there was no consent to use H or G with respect to his debit cards.

Accordingly, the defendant used stolen H's debit cards, and by deceiving the victim, acquired the property equivalent to 510,000 won at the market price.

[2011Gohap505]

2. On June 27, 2010, at around 19:20 on June 27, 2010, the Defendant: (a) as “K” in the operation of the Victim JJ on the I 2nd floor in Suwon-gu Suwon-gu, Suwon-gu; and (b) was committed as if the Defendant would pay the drinking value despite the absence of the intent or ability to pay the drinking value even if the Defendant was provided with the drinking and drinking materials from the victim; and (c) obtained the said alcohol and drinking materials from the victim.

3. The injured Defendant, at around 03:30 on June 28, 2010, was a victim who escaped with the Defendant, without paying the drinking value, at the lower level at the street with a rate of 433-62, Suwon-gu, Suwon-si, Suwon-si, Suwon-si.