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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 January 8, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at Suwon District Court for fraud, etc. and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on July 8, 2015.
[2015 Highest 3727]
1. On August 6, 2015, around August 21, 2015, the Defendant ordered a drinking and food order at “E” restaurant operated by the victim C in Young-gu, Suwon-si, Suwon-si, as if he would normally pay the drinking value, etc.
However, even if the defendant did not have certain income and assets and does not possess cash or a credit card or any other means of payment during the time, he did not have the intent or ability to pay the price normally even if he orders drinking and food.
The Defendant, by deceiving the victim as such, obtained the victim a total of KRW 59,00 from the victim and obtained the food and drink of KRW 59,00.
2. On August 7, 2015, around August 21:37, 2015, the Defendant issued an order for alcohol and food as if he would normally pay the alcohol value, etc. at the frequency of “H” operated by the Victim F in Suwon-si G.
However, even if the defendant did not have certain income and assets and does not possess cash or a credit card or any other means of payment during the time, he did not have the intent or ability to pay the price normally even if he orders drinking and food.
The Defendant, by deceiving the victim as such, obtained a total sum of 60,000 won from the victim and obtained by deceiving the victim.
3. On August 10, 2015, the Defendant: (a) around 17:00, the victim I placed an order for alcohol and food as if the victim I would normally pay the drinking value, etc. at the “K” restaurant operated by the J of Suwon-gu, Suwon-si; and (b) ordered the drinking and food.
However, even if the defendant did not have certain income and assets and does not possess cash or a credit card or any other means of payment during the time, he did not have the intent or ability to pay the price normally even if he orders drinking and food.
The Defendant is identical to this.