Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 31, 2012, the Defendant sentenced ten months to imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on May 29, 2013.
[2013 Highest 2742]
1. On June 27, 2013, the defrauded Defendant did not have the intent or ability to pay the price. On June 27, 2013, around 19:23, 2013, the Defendant ordered the Eju store operated by the victim D in Guro-si, to pay the price as if he were to pay the price, and acquired the said alcohol and alcoholic beverages equivalent to KRW 474,00,00 in the market price, such as Tju 2 bottles, Salju, and Domin service. Accordingly, the Defendant received the said alcohol and alcoholic beverages from the said victim and acquired them.
[2013 Height3866]
2. On October 22, 2013, even though the Defendant did not have the intent or ability to pay the price, on October 22, 2013, issued an order of alcohol and alcoholic beverages equivalent to KRW 470,00 in the market price of two weeks, such as Triju 2 disease, safe-ju, and gambling services, as if he were to pay the price, at the Hju station managed by the victim G in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and acquired the said alcohol and alcoholic beverages after being provided by the said victim.
[2014 Highest 113]
3. On December 22, 2013, the Defendant: (a) did not have an intent or ability to pay the price; (b) around 05:00 on December 22, 2013, the Defendant issued an order of beer and beer, etc. and beer, etc. in the K entertainment tavern operated by the VictimJ located in Jongno-gu Seoul, Jongno-gu, Seoul, as if he would pay the drinking value; and (c) the Defendant received the beer and beer, etc. from the victim, i.e., the sum of the market price of KRW 230,00,00 in the face value.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements and receipts prepared D;
1. A written statement of the G production;
1. Written statements and simplified receipts prepared by the J;
1. The application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (each fraud point and each choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act (Inasmuch as there is a previous conviction in fraud at the time of sale, as to each of the above crimes) among repeated crimes
1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;