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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 17, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on June 19, 2012.
[2012 Highest 7620] On August 26, 2012, the Defendant ordered the alcohol and the alcohol in spite of the absence of the intent or ability to pay the price even if the Defendant was provided with alcohol, alcohol, and services.
The Defendant, by deceiving the victim as above, was provided with alcohol equivalent to KRW 210,00,00 in total, including two-way-one disease, safe-time, and service charges, etc. from the victim.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
[2] On September 28, 2012, around 22:30 on September 28, 2012, the Defendant ordered the payment of the price to the victim by pretending that the Defendant would pay the price to the victim, even if he/she was provided with alcoholic beverages and alcoholic beverages, despite having no intent or ability to pay the price.
The Defendant, as such, by deceiving the victim, received a total of KRW 1.80,000 from the victim, including two-way disease, five-way disease, and so on.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police interrogation protocol against the accused;
1. Each police officer's statement about D and G;
1. Simplified receipts:
1. Copy of a business license;
1. Investigation reports (Attachment, etc. of previous convictions and a copy of the judgment);
1. Previous convictions in judgment: Application of criminal records and investigation reports (the current status of personal confinement and confirmation of the date of release from prison);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Although the Defendant was sentenced to the same kind of punishment for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, he/she again committed the instant crime during the period of repeated crime, and again committed the instant crime.