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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On April 6, 2012, the Defendant was sentenced to ten months of imprisonment for fraud in the Suwon District Court's Ansan Branch, and the Defendant completed the execution of the sentence in the Third Prisons of North Korea on December 28, 2012.
[2013 Highest 2773] Around 22:00 on June 26, 2013, the Defendant took the same attitude as the Defendant would normally pay the price in the “E” operated by the victim D in Busan City, and requested alcoholic beverages, liquors, and entertainment workers. Its employees acquired 2,40,000 won in total from the same day, including acquisition of property and property benefits equivalent to the sum of 10,000 won from the victim, including acquisition of 100 won in connection with beer, beer, beer, beer, and be provided with services of female employees from the victim. From the same day to September 1, 2013, the Defendant acquired 1,000 won in total by being provided with alcoholic beverages, alcoholic beverages, and entertainment workers by the same method five times in total, as shown in the list of crimes.
[2013 Height288]
1. On June 26, 2013, around 20:43, the Defendant: (a) ordered the Victim G in Socheon-gu, Seocheon-si to pay the normal price at “H” operated by the Victim G in Socheon-si; and (b) acquired goods and pecuniary benefits equivalent to KRW 108,000 in total, by placing an order for alcoholic beverages, jujus, etc.
However, the defendant did not have the intention or ability to pay the price.
2. On September 21, 2013, from around 02:00 to around 05:30 of the same day, the Defendant acquired property and property benefits equivalent to KRW 260,000 in total by placing an order, such as the Plaintiff’s attitude, alcohol, and alju, where the Victim Jin-gu, Busan Special Metropolitan City would normally pay the price from “K” located as an employee.
However, the defendant did not have the intention or ability to pay the price.
Summary of Evidence
[2013 Highest 2773]
1. Defendant's legal statement;
1. Each police statement about D, L, or M;
1. Written statements of N andO (2013 Highest 2888);
1. Defendant's legal statement;
1. Each police statement made to J and G;
1. Previouss before ruling: Criminal records and investigation reports (attached to judgments).