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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2012 Highest 9719]
1. On September 4, 2012, at the main point of “E” operated by the victim D, in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, around 20:00, the Defendant, despite the absence of the intent or ability to pay the price, by deceiving the victim as if he would pay the price, and then, he did not pay the price to the victim the total amount of KRW 1,00,000,000, the Defendant acquired the pecuniary benefits equivalent to the same amount due to the failure to pay the price, even if he was provided by the victim with the both committee and the inside party.
2. At around 02:00 on September 5, 2012, the Defendant, despite the absence of the intent or ability to pay the amount, deceiving the victim as if he were to pay the amount, and thereby, acquired the pecuniary benefits equivalent to the same amount as the Defendant did not pay the amount even if he was provided with the Defendant’s 450,000 won in total with the market value, by failing to pay the amount.
3. On September 12, 2012, the Defendant, at around 04:10, at the point of “K” operated by the victim J of the victim J on the 4th floor, Nam-gu, Incheon, Nam-gu, Incheon, the Defendant, despite having no intent or ability to pay the price, deceiving the victim as if he would pay the price, and thereby, acquired the pecuniary benefits equivalent to the same amount by failing to pay the price, even if he was provided by the victim with both 860,000 won and he was provided with the Defendant’s total market price.
[2012 Highest 10239] At around 02:30 on September 21, 2012, the Defendant, despite the absence of the intent or ability to pay the price, by deceiving an employee of the above main office as if he would pay the price, had the Defendant acquired the pecuniary profit equivalent to that amount by failing to pay the price.
[2012 Highest 10502] The Defendant, around 20:50 on October 23, 2012, from “R” operated by the victim Qua on the first floor of Bupyeong-gu Incheon, Bupyeong-gu P, Incheon.