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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 6, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the sentence on December 12, 201.
[2014 Highest 890]
1. On April 8, 2014, around April 21, 2014, the Defendant issued an order for alcohol, alcohol, etc. with the victim E, operated by the third floor of the Songpa-gu Seoul building D, as if he were to pay the normal price.
However, at the time of fact, the defendant did not have the intention or ability to pay the price.
The Defendant was provided with alcohol, alcohol, etc. equivalent to the total market value of KRW 900,000 from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On April 11, 2014, the Defendant: (a) around 00:00 on April 11, 201, 2014, placed an order for alcohol, alcohol, alcohol, etc. on the part of the Defendant who received an order by “F dan” operated by the Victim H located under the Songpa-gu Seoul Building, Songpa-gu Seoul as if he would normally pay the amount.
However, at the time of fact, the defendant did not have the intention or ability to pay the price.
The Defendant was provided with alcohol, alcohol, etc. equivalent to the total market value of 380,000 won by the victim.
Accordingly, the defendant was given property by deceiving the victim.
[2014 Highest 1211] On April 8, 2014, the Defendant placed an order for alcohol and alcohol as if he were to pay the normal price at the “K” entertainment tavern operated by the victim J in Songpa-gu Seoul, Songpa-gu, Seoul.
However, the defendant did not have the intention or ability to pay the price.
The Defendant was provided with alcohol and alcohol equivalent to 245,000 won at the market price in the same place by the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
[2014 Highest 890]
1. Defendant's legal statement;
1. The police statement of H;
1. E statements;
1. Each receipt; and
1. Previouss before ruling: Criminal records and other inquiries, and repeated investigation reports.