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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On October 10, 2012, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Eastern District Court on June 16, 2012, and on June 24, 2014, the suspended sentence was invalidated upon being sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on June 16, 2014; on May 22, 2015, released on May 22, 2015; and on July 4, 2015, the period of parole was expired; and on November 4, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul East District Court, which was completed the execution of the sentence on November 6, 2016.
[Criminal facts]
1. Although the Defendant 2016 High Order 4490 stated in the indictment on December 20, 2016, Defendant 201 was stated as “ December 21, 2016.” However, according to the evidence duly adopted and examined by this court, it is judged as a clerical error, and even if the correction is made, it is not likely to cause substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus, the correction is ex officio.
Around 21:00, the Seoul Songpa-gu Seoul Metropolitan Government Da and 2 received alcohol and alcohol from the injured party D, even if the injured party D received alcohol and alcohol from the injured party, it ordered that the injured party would be paid without the intent or ability to pay the price, and it did not receive alcohol and alcohol equivalent to the total market price of KRW 696,00,000, such as Chok 1 Byung and Kelk 1 Byung, from the injured party, even though it did not pay the price.
2. Around December 19, 2016, Defendant 2017 Go-man 104 ordered alcohol and alcohol as if he would normally pay the alcohol value in the “H” operated by the Victim G located in Gangnam-gu Seoul Metropolitan Government F, and ordered it.
However, the defendant did not have any intention or ability to pay the price normally even if he was provided with alcohol and alcohol from the injured party due to the lack of money.
The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to the sum of KRW 800,000,000, such as one time at two weeks each week from the victim, in other words, from the victim.
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