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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
The Defendant, on October 1, 2015, sentenced the Changwon District Court to six months of imprisonment for a crime of fraud, and completed the execution of the sentence on February 4, 2016 at the Changwon District Court.
【Criminal Facts】
1. On April 16, 2018, the Defendant committed the crime on April 16, 2018: (a) around 20:00, 201, the Defendant placed an order for alcohol and helper services on the “Dnoman shop” operated by the Victim C (M, 52 years of age) in Seongbuk-gu, Sungwon-si (hereinafter “Dnoman shop”); and (b) on the part of the victim, the Defendant was engaged in the act as if the Defendant would normally pay for the amount, such as the drinking value, while having no intention or ability to pay for the amount.
The Defendant, as above, by deceiving the victim, was provided with alcohol and services equivalent to KRW 860,00 in total, including one beer, two beer, three beer, and three beer, etc. from the victim.
2. On April 19, 2018, the Defendant committed the crime of April 19, 2018: (a) around 22:00, and two persons were found to have worked at the singing stores listed in the above paragraph (1) on April 19, 2018; and (b) even though there was no intent or ability to pay the price, such as the drinking value, the Defendant ordered alcohol and gambling services as if he would normally pay the price including the amount of credit transferred to the said victim.
The Defendant, as above, by deceiving the victim, was provided with alcohol and services equivalent to KRW 620,00 in total, including 2 camblings, 1 bottleds, and 3 Domins, etc. from the victim.
3. On May 2, 2018, the Defendant committed the crime of May 2, 2018: (a) around 222:00, the Defendant: (b) filed a request with the victim, who had no intent or ability to pay the price, such as the drinking value, and (c) filed an order for alcohol and gambling services as if he would normally pay the price, including the transfer credit amount, to the said victim; and (b) filed a request with the victim, who had no intent or ability to pay cash, to re-beed with the victim, that “I want to lend money to the Domi,” instead of having no intention or ability to pay cash.
The defendant deceivings the victim as above and is deceiving him.