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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On May 28, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the Changwon District Court's Msan Branch, and completed the execution of the above punishment on October 26, 2014.
[2015 Highest 2011] Around 12:00 on May 9, 2015, the Defendant was provided with KRW 17,000 for the sum of KRW 17,00,00 for the following reasons: (a) “E” operated by the Victim D in Suwon-si, Suwon-si; and (b) the Defendant, even though there was no money in water at the time, did not have an intent or ability to pay the price; and (c) did not pay the price to the employees of the said restaurant; and (d) ordered drinking and food, and was supplied from the above F.
Accordingly, the defendant, by deceiving the victim, received the property by deceiving the victim.
[2015 Highest 2397] On May 5, 2015, the Defendant: (a) around 12:10, at the I restaurant operated by the Victim H in Yongsan-gu Seoul, Yongsan-gu, Seoul; and (b) at around 23,000 won, the Defendant ordered drinking and food to pay the price to the victim, although there is no intention or ability to pay the price due to the lack of money under water; and (c) was provided by the victim with an amount equivalent to KRW 23,00,00, such as a 1stresh, butter 2nd, 2nd, 1st, and drinking water.
Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.
[2015 Highest 2697] On May 8, 2015, the Defendant was provided with total amount of KRW 35,000, such as the victim K operation in Yongsan-gu Seoul, Yongsan-gu, Seoul. Around 23:10 on May 8, 2015, the Defendant was able to pay the amount to the victim in the absence of the intent or ability to pay the amount because of the lack of the money in water. The Defendant ordered drinking and food, and the Defendant was provided with total amount of KRW 35,00,000, such as the one-person character, small liquor, and drinking water.
Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.
Summary of Evidence
[2015 Highest 2011]
1. Defendant's legal statement;
1. A written statement;
1. Hearing the F Telephone statement;
1. A receipt [2015 Highest 2397]
1. Defendant's legal statement;
1. A H statement;
1. A receipt [2015 Highest 2695] 1.