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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, on September 18, 2009, sentenced eight months to imprisonment with prison labor for fraud in the Western District Court Branch Branch of the Daegu District Court on September 18, 2009, and completed the execution of the sentence in the Daegu Prison on April 24, 2010.
1. Around 21:00 on February 12, 2013, the Defendant, at the “E” singing room operated by the victim D (Inn, 53 years old) located in the Busan East-gu, Busan-gu, ordered the Defendant to pay the victim a normal drinking value, as if the Defendant would pay the victim a normal drinking value.
However, the defendant did not have any intention or ability to pay the price even if he does not have certain income or particular assets and orders for alcohol and safeness.
The Defendant received from the victim a total of KRW 208,00,000, such as inside of the two weeks, tobacco, and volunteer service charges of the two weeks.
Accordingly, the defendant was given property by deceiving the victim.
"2013 Highest 2713"
2. On May 16, 2013, around 19:00 on May 16, 2013, the Defendant issued an order for alcohol and alcohol as if the Defendant would pay the victim’s normal drinking value to the Hju located in Busan-gu, Busan-do.
However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverages and know-how because there was no certain income or specific property.
The Defendant was provided by the victim with an aggregate of KRW 640,00,000, such as three disease in the two-way, ten disease in the two-way, and one-way.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer's statement about D and G;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 35 (Crime of Sales) of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;