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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 277]
1. Fraud;
A. At around 14:30 on January 20, 2016, the Defendant ordered two (2,000 won) to me in the “E” restaurant operated by the victim D in Ischeon-si, Leecheon-si, as if he would normally pay the amount to the victim. In addition, the Defendant ordered meat (9,000 won), meed (4,000 won), and meed (2,000 won).
However, the defendant did not have a means to pay food costs, such as cash or credit cards, so even if he was provided with the above food by the victim, he did not have the intent or ability to pay the price.
Nevertheless, the defendant did not pay the above food to the victim who received food from the victim and received food.
Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to 15,000 won.
B. At around 15:00 on January 21, 2016, the Defendant, by deceiving the said victim in the same manner as the entry in the provisional paragraph at the place described in the foregoing paragraph (a), did not pay the said amount after taking the orders of Yellow Sea State (7,000 won) and Han-ju (4,000 won), thereby acquiring property benefits equivalent to 11,000 won.
C. On January 24, 2016, at around 18:00, the Defendant, by deceiving the said victim in the same manner as the entries in the foregoing paragraph at the location described in the foregoing paragraph (a), obtained pecuniary benefits equivalent to KRW 20,000 by ordering a sea-going country (7,000), a small-ju three disease (12,000), and a single air brued (1,000 won) and failing to pay the amount.
2. Performance of official duties;
A. On January 24, 2016, the Defendant: (a) received a report from 112, and received a recommendation from a police officer, who belongs to the F District Unit of the Yancheon Police Station, to leave the site to move back to India, and then recommended him to return home; and (b) “A police officer, a police officer, a bit of a bitch bitch, a bitch bitch bitch, a bitch bitch bitch bitch, a bitch bitch bitch bitch, a bitch bitch bitch bitch, a bitch bitch bitch bitch, and there is no money inside the site.”