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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 28, 2017, around 23:00, the Defendant ordered the Victim C’s entertainment shop located in Songpa-gu Seoul, Songpa-gu, Seoul to the Victim C’s Jeju entertainment shop.
However, at the time, the defendant did not have any intention or ability to pay the price even if he was provided with the two weeks, the owner of the goods, etc.
Nevertheless, the Defendant, as if he were to pay the amount, had the victim deceiving, and had the victim issued a beer, etc. in the aggregate of the market price of KRW 1,400,00.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E;
1. Application of receipts, on-site photographs statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.
The favorable circumstances: The confession of a crime and reflects it, and there is no record of punishment exceeding the fine to the extent that it has yet to be punished.
(k) Unfavorable circumstances: The fact that there are many persons who have been punished for a severe punishment of a fine due to a crime of fraud due to the recentlessless employment, thereby committing the crime of fraud under the same veterinary act at the same time, and that the damage has not been recovered;