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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Force of Crimes】 The Defendant was sentenced to one year of imprisonment for fraud, etc. in the assistance in Ansan of Suwon Friwon, etc. on July 12, 2013; ten months of imprisonment for fraud in the assistance in Suwon Friwon, etc. on November 26, 2014; and six months of imprisonment for fraud in the assistance in Ansan Friwon, etc. on January 14, 2016, and was sentenced to six months of imprisonment for fraud.
5. 15. The execution of the sentence was completed in the Esified Vocational Training Institution.
【Criminal Fact-finding 【2016 Highest 2480】 On June 25, 2016, the Defendant ordered the victim D to pay the alcohol value to the victim as if he/she would pay the alcohol value.
However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the injured party due to the lack of cash or card held by the defendant.
After all, the defendant deceivings the victim as above and was provided with alcohol and alcohol equivalent to the sum of the market price of KRW 957,00 from the victim, namely, the victim.
Accordingly, the defendant acquired the victim's property by fraud.
【2016 Highest 2803 (Joint) of 2016, the Defendant, on June 23, 2016, entered the “H” main points of the operation of the victim G on the fourth floor of the F Building in Macheon-si, Macheon-si, and did not have any intent or ability to pay the price, and even though there was no intention or ability to pay the price, the Defendant appears to perform the same act as would normally pay the price to the victim, ordering the victim’s alcohol and alcohol, etc., and then, the Defendant, upon receiving 3 sick and one amusement receptionist, obtained a total amount of KRW 840,000 from the victim and obtained pecuniary benefits equivalent to KRW 840,00.
【2016 Highest 2864(Joint) of the Defendant: (a) around 22:40 on June 21, 2016, the Defendant received approximately 680,000 alcoholic beverages, etc. from the victim K, who is an owner of the business, in spite of the lack of the intent or ability to pay the drinking value from the J in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.
Summary of Evidence
【2016 order 2480】
1. The defendant in the first trial record;