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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On November 8, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence on June 26, 2018 at the Net Prison.
[2018 Highest 3126] On July 6, 2018, the Defendant: (a) at the main point of “D” operated by the victim C, located in Seo-gu, Gwangju, Gwangju; (b) notwithstanding the absence of an intent or ability to pay the drinking value, the Defendant was provided two parallels each week from the victim, who placed an order of alcohol and alcohol, with an amount equivalent to the market price of KRW 460,00,00, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
[2018 Highest 3344]
1. 피고인은 2018. 6. 29. 21:30 경 광주 광산구 E 2 층에 있는 피해자 F가 경영하는 ‘G ’에서, 마치 정상적으로 술값을 지불할 것처럼 행세하면서 피해자에게 골든 블루 다이 아몬드 양주 3 병과 임 페리 얼 퀸 텀 양주 1 병 등을 주문하였다.
However, the defendant did not have any intention or ability to pay the above amount because he did not have any other means of payment such as cash or credit card.
As such, the Defendant deceiving the victim and acquired the same through deception by being provided with an alcoholic beverage equivalent to KRW 880,000 at the market price from the damaged person.
2. On August 2, 2018, at around 02:00, the Defendant: (a) placed the “J” main point operated by the victim I located in Gwangju Mine-gu; (b) placed the victim as if he would pay the normal drinking value; and (c) placed the victim an order for the Defendant’s commission to 3 C and C, and 5 C, as if he would pay the normal drinking value.
However, the defendant did not have an intention or ability to pay the above mentioned value because he did not have any other means of payment such as credit card, etc. and there was no other means of payment such as credit card.
The defendant deceivings the victim as such and acquired the victim by being provided with an alcoholic beverage and an alcoholic beverage equivalent to KRW 650,000 from the victim, that is, the victim.
[2018 Highest 3457] The defendant paid the drinking value in M operated by the victim L in Seo-gu, Gwangju around 04:00 on July 3, 2018.