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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Justice] On August 21, 2019, the Defendant was sentenced to imprisonment with prison labor for 10 months at the Changwon District Court for fraud and two years of suspended execution, which became final and conclusive on August 29, 2019 and is still under suspended execution.
[2020 Godan779] On March 4, 2020, the Defendant ordered the victim to provide alcohol and alcohol within "D operated by the victim C in Kimhae-si, Kim Jong-si, the victim of the victim in B".
However, the defendant did not have money at the time, so there was no intention or ability to pay the money even if the defendant was provided with alcohol and alcohol from the victim.
The Defendant, as such, by deceiving the victim, received a delivery from the victim of alcohol and alcohol equivalent to the market price of 36,000 won.
Accordingly, the defendant was given property from the victim by deceiving the victim.
[2] At around 22:00 on April 16, 2020, the Defendant: (a) committed as if he would normally pay the drinking value at the “H” point operated by the victim G located in the E building F of the Kimhae-si, Kimhae-si; and (b) said the said victim would have changed the drinking value; (c) however, the Defendant did not have cash or credit cards, etc., sufficient to pay the drinking value; (d) as such, there was no intention or ability to normally pay the drinking value.
As above, the Defendant: (a) by deceiving the above victim; (b) did not pay the alcohol value to the said victim while receiving from the above victim 150,000 won or more of the market price; and (c) acquired pecuniary benefits equivalent to the same amount because the Defendant did not pay the alcohol value.
[200 Highest 1246]
1. On March 16, 2020, the Defendant issued an order for alcohol and food to the victim at the “K” restaurant operated by the Victim J in the GJ located in Kimhae-si on March 16, 2020, around 12:00.
However, the Defendant did not have any money at the time, and there was no intention or ability to pay the money even if he was provided with alcohol and food from the victim.
The defendant deceivings the victim as such and belongs to it from the victim.