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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On June 20, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and the execution of the sentence was completed at the Sungsung Vocational Training Correctional Institution on October 17, 2012.
1. [2013 Highest 2742] The Defendant was not in possession of cash or credit card, and thus did not have the intent or ability to pay the price even if he/she was potable by ordering food.
Nevertheless, around 19:00 on October 9, 2013, the Defendant, at the main point of “E” operated by the victim D located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, acted as if he would pay the completion amount, and the Defendant ordered the victim to drink food and alcohol equivalent to KRW 320,000, such as Abnbnb and Ebbnb 1 disease.
Accordingly, the defendant was given property by deceiving the victim.
2. [Attachment 2013 Highest 3090]
A. At around 20:00 on November 8, 2013, the Defendant: (a) committed an act as if the Defendant had no intent or ability to pay the amount despite having been provided with alcohol and alcohol from the victim; and (b) did not pay the said amount even if the Defendant had been provided with the amount equivalent to KRW 320,000 in total with the two weeks of the two weeks of the two weeks of the two weeks of the two weeks of the two weeks of the two weeks of the two weeks of the two weeks of the two weeks of the two.
B. On November 10, 2013, the Defendant, at the “K” restaurant operated by the Victim J in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, around 22:00, the Defendant acted as if he were to pay the price despite having no intent or ability to pay the price even if he was provided with the alcohol and the alcohol from the victim, and even if he was provided with the amount equivalent to KRW 520,000, the Defendant did not pay the price.
3. [Attachment 2013 Highest 3263] Around November 28, 2013, the Defendant ordered the two-jus and safe-jus as if he would pay the alcohol value to the victim at the “N” point of the victim M management on the first floor of Mapo-gu Seoul Metropolitan L Building.
However, since the defendant did not have any money, it is liquor from the victim.