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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On January 19, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court on April 14, 2012, and completed the enforcement of the sentence at the Seoul Detention Center.
[2013 Highest 171]
1. Fraud;
A. On October 21, 2012, the Defendant: (a) around 04:00, at the “D” entertainment tavern in Seongbuk-gu Seoul Metropolitan Government; (b) was committed as if he did not have the intent or ability to pay the drinking value, and was provided by the victim E with the amount equivalent to KRW 159,000 at the market price, such as 5 Macju, etc.
In this respect, the defendant deceivings the victim, received the alcohol and communication, and acquired it by fraud.
B. On December 17, 2012, the Defendant: (a) around 00:53, the Defendant was provided with KRW 9,000 in the “G” located in Dongdaemun-gu Seoul Metropolitan Government F; and (b) was committed as if he did not have the intent or ability to pay the food value, and was paid as if he would pay the food value; and (c) was provided with KRW 9,00 in a single market price for the bones and bones dynasium
Accordingly, the defendant deceivings the victim to receive alcohol and food, and acquired it by fraud.
C. On December 23, 2012: (a) around 02:15, 2012, the Defendant received from the Victim K an amount equivalent to KRW 278,000 at the market price, such as 47 illness, as he/she was unable to pay the drinking value, even though he/she did not have the intent or ability to pay the drinking value.
Accordingly, the defendant deceivingd the victim and obtained the alcohol and the communication, and acquired it by fraud.
On December 30, 2012, around 04:40 on December 30, 2012, the Defendant was provided KRW 9,000 in the “M” restaurant located in Seongbuk-gu Seoul Metropolitan Government L, and the fact was committed as if he did not have an intent or ability to pay the food value, and was paid as if he would pay the food value.
Accordingly, the defendant deceivings the victim to receive alcohol and food, and acquired it by fraud.
E. At around 00:40 on January 2, 2013, the Defendant was found to have no intention or ability to pay the drinking value in the Jongno-gu Seoul Metropolitan Government 'P' Mabro P, and the fact is found to be without any intention or capacity.