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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 2, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud at the District Court (Appellate Court) on May 2, 2013. On June 22, 2013, the Defendant completed the enforcement of the sentence in the medical prison.
1. On August 27, 2013, the Defendant, around 00:35, around 2013, ordered the payment of the price to the victim from “E points” in the “E points” of the victim D’s operation under the ground of the building C at Guri-si, Guri-si, and ordered the payment of the price to the victim.
However, the defendant did not have a certain occupation, and there was no intention or ability to pay the victim the alcohol and the purchase price due to the lack of means of payment such as credit card.
The Defendant, as such, by deceiving the victim, was provided with 2 soldiers and aljus equivalent to the market value of KRW 470,000 at the same place.
In addition, the Defendant was provided with alcohol and alcohol equivalent to KRW 1,620,000 in total and five times in the same manner as indicated in the list of crimes in the attached Table from the above date to September 12, 2013.
2. On September 21, 2013, the Defendant issued an order for alcohol, alcohol, and alcohol, etc. to the victim H, who is a business owner, in an entertainment tavern in the “G” located in F in Namyang-si, Namyang-si, Namyang-si, on September 9, 2013.
However, the defendant did not have a certain occupation and did not have any other means of payment such as credit card, because he did not have any other means of payment such as credit card.
As such, the Defendant, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 260,00 from the victim’s place of residence.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Each statement (D, I, J, K, L, and H);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the fact that a criminal suspect A is repeated) and application of Acts and subordinate statutes to the status of confinement of individuals;
1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;