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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
『2020고단2』 피고인은 청주시 흥덕구 D 건물 지하에 있는 유흥주점 ‘E’을 운영하면서, 취객들을 유인하여 속칭 ‘삥술’(양주 ‘블랙조커’에 다른 손님들이 남기고 간 ‘윈저’나 ‘스카치블루’ 등을 섞은 술)을 제공하거나, 술에 만취한 손님들의 경우 빈 양주병을 테이블 위에 올려놓아 술값을 부풀리는 방법으로 손님들로 하여금 술값을 과다 결제하도록 유도하고, 손님들이 현금 인출을 요청할 경우에는 그들이 요청한 금액보다 과다한 금액을 인출하여 차액을 빼돌리는 등의 방법으로 영업을 하기로 마음먹었다.
Around 05:00 on August 11, 2019, the Defendant: (a) induced the Victim F under the influence of alcohol to the said “E”; (b) received one card from the victim to request the withdrawal of KRW 1,500,000 in cash from the victim; (c) withdrawn KRW 1,90,000 in excess of the scope delegated by the victim when withdrawing cash from an automatic cash withdrawal machine in the vicinity of the same day at around 05:31 and 05:43 on the same day; and (d) continued to pay KRW 1,00,000 with the victim’s one card around 05:53 on the same day by taking advantage of the state under which the victim was under the influence of alcohol.
As a result, the Defendant acquired financial benefits equivalent to KRW 400,000 of the cash withdrawal amount by inputting the improper order into the data processing device such as computer, etc., and acquired financial benefits equivalent to KRW 1,000,000 using the mental and physical disorder of the bread victim.
In addition, from June 4, 2019 to October 5, 2019, the Defendant acquired financial benefits equivalent to KRW 49,490,000 in total over 18 times, as indicated in the separate crime list, by using the mental disorder of the victims or making cash withdrawal or credit card settlement in excess of the scope delegated by the victims.
The defendant of "200 Highest 652" is on the D and the first basement floor in Cheongju-si.