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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On March 26, 2020, the Defendant was sentenced to ten months of imprisonment for fraud at the Gwangju District Court on March 26, 202, and completed the execution of the sentence at the Ganpo Prison on October 28, 2020.
[Criminal facts]
1. On November 13, 2020, around 00:05, the Defendant ordered food equivalent to KRW 45,000,00, such as 1 fed, sugar, and bed, once a week, as if the Defendant would normally pay the amount of food to the victim under the mutual frequency of “D” in the operation of the victim located in Gwangju Northern-gu, Gwangju.
However, since the defendant had only 20 million won in cash at the time and did not have any other means of settlement such as credit card, there was no intention or ability to pay food cost normally even if he was provided with alcohol and food from the injured party.
The Defendant was provided with alcoholic beverages and food equivalent to KRW 45,00 at the market price, such as 1 draw, sugar, bed rice, etc. one time a week from the injured party on the same day.
As a result, the defendant deceivings the victim and received a delivery of alcohol and food equivalent to KRW 45,00.
2. On November 13, 2020, around 16:40 on November 13, 2020, the Defendant ordered the victim E to make an original bath, boomed, etc. as if the Defendant would normally pay the food cost at the cafeteria of “G” in the victim’s operation in Gwangju Northern-gu F.
However, due to the absence of money at the time, the defendant did not have the intention or ability to pay food cost normally even if he was provided with alcohol and food from the injured party.
The Defendant was provided with alcoholic beverages and food equivalent to KRW 41,00 at the market price, such as breath, breath, etc., two or more weeks of the same day from the victim.
As a result, the defendant deceivings the victim and received a delivery of alcohol and food equivalent to KRW 41,00.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement prepared B and E;
1. Receipts for each amount of damage;
1. Previous offense: Application of Acts and subordinate statutes to criminal investigation reports (suspect A, repeated offense period, etc.);
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;