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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 July 13, 2016, the Defendant was sentenced to eight months of imprisonment for habitual fraud at the Suwon Giwon, and the execution of the sentence was completed at the Giju prison on October 19, 2016.
[Criminal facts] On November 18, 2016, the Defendant sent the same attitude to pay the price at Esing to the fifth floor victim D of the C building in Silung-si, Seoul around November 18, 2016, and ordered alcohol and alcohol.
However, the defendant did not have cash and did not have any other means of payment such as credit cards, etc. so even if he was provided with alcohol, alcohol, etc. from the injured party, there was no intention or ability to pay the price.
Defendant deceiving the victim as above, and received from the injured party the delivery of 15 Macju and 1 Macju, a total market value of KRW 285,00,00, including one Macju and one Macju.
On November 10, 2016, the Defendant sent the same attitude to pay the amount within the H point operated by the Victim G in Seocheon-si, 23:30 on November 10, 2016, and ordered alcohol and alcohol.
However, the defendant did not have cash and did not have any other means of payment such as credit cards. Therefore, even if he was provided with alcohol, alcohol, etc. from the injured party, there was no intention or ability to pay the price.
After deceiving the victim as above, the Defendant received a total of KRW 290,000,00 from the injured party, including 15 Macriju, 15 Macriju, 1 Macriju, and 1 female Macriju, etc., and did not pay the amount, thereby acquiring property benefits equivalent to the said amount.
Summary of Evidence
1. Previous convictions in the judgment: The current status of acceptance by individuals, inquiries about criminal history, sentences 16 copies of the judgment, one copy of case summary information, one copy of indictment (at least 2016 order 4412 case records)
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The victim's simple statement and the photograph of the case, such as receipt (2016 high group 4412);
1. The defendant's statement in court;