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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On July 6, 2016, the Defendant was sentenced to two months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on December 5, 2016. On March 31, 2017, the Defendant was sentenced to imprisonment for the same crime and was sentenced to four months by the same court for the same crime.
4. 5. The above judgment became final and conclusive.
"2017 Highest 2447"
1. Fraud;
A. On January 23, 2017, the Defendant, at around 23:00 on January 23, 2017, committed an act in the same manner as the Defendant would normally pay the drinking value at the “E” point operated by the victim D located in the Daegu-gu Incheon Metropolitan Government C, and ordered the Defendant to provide entertainment services to the victim.
However, the Defendant was in possession of the amount equivalent to KRW 4,00 in cash and did not possess effective means of payment, such as credit cards, and thus did not have the intent or ability to pay the price even if he was provided with alcohol, alcohol, and entertainment services from the injured party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) did not pay the victim’s 6 cans of 4,000 won to be 6 cans of 4,000 won; (c) one to be 45,000 won; and (d) one to be provided with one to be provided with amusement receptionist services; and (e) did not pay the price to be paid to be paid to the victim; and (b) acquired property benefits equivalent
B. On March 4, 2017, the Defendant, at around 16:20 on March 4, 2017, acted in the “H” restaurant operated by the Victim G located in Daegu Suwon-gu, as the Defendant would normally pay the food value, and ordered the said restaurant employees to be engaged in the instant restaurant.
However, the defendant did not have a valid means of payment such as cash or credit card at the time and did not have an intent or ability to pay the price even if he received food and alcohol from an employee.
Nevertheless, the Defendant did not pay 12,00 won in total, even though he deceiving an employee and received one beer equivalent to KRW 8,000,000 from the employee.