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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 02:00 on December 3, 2012, the Defendant ordered alcohol and alcohol to the victim, as the Defendant would pay the normal price at 2 studio in the E-place of the operation of the victim D in Seocheon-gu, Seocheon-gu C2, Seocheon-gu.
However, the Defendant did not have any money in the number at the time, and there was no other alternative means such as credit cards that can pay the drinking value, etc., and there was no intention or ability to pay the drinking value, etc. to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to the market price of 245,000 won by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of the Acts and subordinate statutes on simple receipts;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (General Considerations, such as the following: (i) the motive means to commit the instant crime; (ii) the age, character, and environment of the Defendant; and (iii) the amount of defraudation is relatively small; and (iv) the confession and reflect of the Defendant