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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 October 11, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the District Court of Jung-gu, which completed the execution of the above punishment on December 24, 2012.
[2013 Highest 4787]
1. On August 13, 2013, around 08:00, the Defendant: (a) was boarding a C-si operated by the victim B in front of training 4 apartment complexes in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; (b) was doing so as to pay the price normally; and (c) was going to a full-time rest area located in 111-417, Nam-gu, Incheon Metropolitan City.
However, even if the victim uses a taxi operated by the victim, the defendant did not have the intention or ability to pay the price.
Nevertheless, the Defendant, by deceiving the victim as such, had the victim operate the taxi up to the rest area in the same day, and did not pay 11,400 won to the victim, thereby acquiring property benefits equivalent to the same amount.
[2013 Highest 4841]
2. At around 00:00 on July 30, 2013, the Defendant showed an attitude that the victim would pay the alcohol value to the victim from the Fjuk point of the victim E’s operation in Nam-gu Incheon Metropolitan City, Nam-gu, and ordered liquor and alcohol.
However, the defendant did not have any means of payment and did not have any intention or ability to pay the drinking value.
The Defendant, as such, by deceiving the victim, received from the victim the total amount of KRW 145,00,000, which is equivalent to the market value of KRW 120,000 from the victim, and acquired it by defrauding the victim.
[2013 Highest 5030]
3. At around 04:20 on August 2, 2013, the Defendant ordered the water cooling in the manner that the Defendant would pay the amount in the “I” restaurant operated by the victim H in Nam-gu Incheon Metropolitan City, Nam-gu.
However, there was no intention or ability to pay the food value.
The Defendant was provided by the victim with a 4,000 won water cooling, which is equivalent to the 4,000 won.
Accordingly, the defendant was given property by deceiving the victim.
4. The Defendant is the victim at the time and place specified in paragraph 3.