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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On March 21, 2016, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Daegu District Court, and the execution of the sentence was terminated on February 18, 2017.
[Criminal facts]
1. On June 1, 2017, at around 18:20, the Defendant ordered alcoholic beverages, etc. in E operated by the victim D, who was in Kim Jong-si Kim Jong-si, as if the victim would pay the alcohol value to the victim. However, the Defendant did not have any money at the time, and thus, there was no intent or ability to pay the price even if he received alcoholic beverages, etc. from the victim.
The Defendant, as such, by deceiving the victim, received alcoholic beverages, etc. equivalent to the total market value of 660,000 won, including 45 Macju, from the damaged party.
2. On May 30, 2017, the Defendant habitually ordered alcoholic beverages, etc. at H main points operated by the victim G in the Hasan-si F on May 30, 2017, as if the victim G would pay the victim’s drinking value. However, the Defendant did not have any money in the number at the time, and thus, there was no intent or ability to pay the price even if the Plaintiff received alcoholic beverages, etc. from the injured party.
The Defendant, as such, by deceiving the victim, was provided with alcoholic beverages worth KRW 315,00,00 in total, including 10 bottles, from the injured party.
3. On February 21, 2017, the Defendant: (a) around 21:50, operated by the Victim J in Daegu Dong-gu, Daegu Dong-gu, the Defendant: (b) stated that the victim would pay the alcohol value even without any intent or ability to pay the alcohol value; (c) ordered that the victim would pay the alcohol value; and (d) ordered that the victim would have been provided with alcoholic beverages equivalent to KRW 115,00,000, including 10 bottles.
4. On May 9, 2017, the Defendant: (a) did not have the intent or ability to normally pay the food cost to the “N” in the “N” operation of the victim M in Daegu-gu L, Daegu-gu L; (b) did so as to normally pay the food cost to the victim; and (c) ordered food, etc.; and (d) ordered food, etc. to KRW 28,000,000 in total