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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On June 16, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the vice-branch of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on October 19 of the same year.
[Criminal facts] 2016 Highest 5,500
1. On October 24, 2016, around 19:00, the Defendant ordered beer, etc. as if he would pay beer, etc. in E operated by the victim C in Daegu-dong-gu, Daegu-gu, Daegu-gu, the victim C.
However, the fact was that there was no means of payment such as cash or credit card at that time, and there was no intention or ability to pay the price even if the victim was provided with beer, etc. as above.
Defendant deceiving the victim as above, received beer and be aware of the total amount of KRW 180,00,000 in the market value from the injured party, and exempted the payment of service charges and singing costs equivalent to the total amount of KRW 90,000 in the market value, thereby acquiring property profits equivalent to the same amount.
2. On October 30, 2016, around 13:30, the Defendant ordered beer, etc., as if the Defendant were to pay the price of beer, etc. at the H restaurant run by the victim F in Daegu-gu G., Daegu-gu.
However, the fact was that there was no means of payment such as cash or credit card at that time, and there was no intention or ability to pay the price even if the victim was provided with beer, etc. as above.
The defendant deceivings the victim as above and acquired the beer, etc. equivalent to the total market value of 95,500 won from the victim.
3. On November 2, 2016, the Defendant issued an order for beer, etc. as if he/she would pay the price of beer, etc. at a K restaurant operated by the victim I in Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, the Defendant ordered the beer, etc.
However, the fact is that there is no means of payment such as cash or credit card at that time, and even if there is no intention or ability to pay the price from the injured party.