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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On July 13, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Gangnam Branch Branch of the Chuncheon District Court, and completed the execution of the sentence at the Gangnam Branch on December 31, 2016. On November 21, 2017, the Chuncheon District Court sentenced one year of imprisonment for habitual fraud and completed the execution of the sentence at the Ansan Branch on July 15, 2018.
[2018 Highest 2077]
1. Around July 27, 2018, the Defendant ordered alcohol and alcohol equivalent to KRW 3.90,000,000,000 in total market prices, such as B and C in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “D”) around July 27, 2018, when the Defendant committed a commission as if the Defendant would pay the price in D’s main shop operated by the victim C in Dongdaemun-gu Seoul Metropolitan Government B and C.
However, the defendant did not have any intention or ability to pay the price even if he received alcoholic beverages, etc. due to the lack of money.
The Defendant, as such, by deceiving the victim, received the delivery of alcoholic beverages and aljus equivalent to the total market value of KRW 3.9 million from the damaged party.
2. On August 8, 2018, the Defendant committed the crime, around 18:00 on August 8, 2018, committed as if he were to pay the price in the main store operated by the Victim F, the victim F, on the second floor in Bupyeong-si E and the second floor, and ordered employees H to order three C of the aggregate 2.50,00 won of the market price, and requested for help.
However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol and friendship due to the lack of money.
The Defendant deceptioned the employees of the victimized person, and was provided by H with alcohol and helper equivalent to a total of KRW 1,150,000,000 in the market value from H, that is, the Defendant acquired pecuniary benefits equivalent to the same amount.
[2018 Highest 2409] Around July 29, 2018, the Defendant ordered that the total market price of KRW 600,000,00,000,00,000,00,000,000,000,000,000,000,000,000,000,000
However, the defendant does not have money in fact and therefore alcoholic beverages, etc.