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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2017 Highest 3005"
1. On August 14, 2017, the Defendant: (a) committed an act as if he would pay the amount at the “D’s main points” in the operation of the Victim C located in Nam-gu, Nam-gu, Ulsan; and (b) ordered C to do so, namely, 1 C.
However, the defendant did not have the intent or ability to pay the price even if he received food and drink from the injured party due to the lack of money or means of payment.
Defendant deceiving the victim as above and received delivery of 43,000 won in total from the injured party, scambling, 1 Byung, and Macju in total at the market price.
Accordingly, the defendant was given property by deceiving the victim.
"2017 Highest 3140"
2. On August 29, 2017, the Defendant: (a) committed an act as if the Defendant would normally pay the amount at the restaurant operated by the Victim F in Ulsan-gu E, Ulsan-gu; and (b) ordered alcoholic beverage and alcohol.
However, the defendant did not have the intention or ability to pay the price normally even if he was provided with alcoholic beverage and alcohol from the injured party at the time.
As above, the defendant deceivings the victim and was provided with alcohol and meals equivalent to 25,000 won at the market price from the victim's seat.
Accordingly, the defendant was given property by deceiving the victim.
"2017 Highest 3340"
3. On August 30, 2017, the Defendant, at around 21:00, took the same attitude as “I” in the operation of the Victim H (M, 60 years of age) located in Ulsan-gu G, Ulsan-gu, Seoul-do, to pay the amount, and ordered rice with alcohol and empty rice with an order.
However, at the time of fact, the defendant did not have any means of payment such as cash, card, etc. so that he did not have any intention or ability to calculate the price even if he was provided with alcoholic beverage and alcohol from
As above, the Defendant was provided with 3,00 won 33,00 won 1, 1 Madro, 2 Madro, and 3 Madro 3.
Accordingly, the defendant was given property by deceiving the victim.
(i) the evidence;