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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Attachment] On June 13, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Ulsan District Court, and completed the execution of the sentence on December 5, 2013.
[2016 Highest 2845]
1. On May 28, 2016, the Defendant: (a) around 21:10, the Victim C’s “Esing store” of the Victim C’s Operation in Yangsan-si; (b) the Defendant ordered the Victim C to provide an alcoholic beverage with one disease worth of KRW 300,00,00,000, even if he/she did not have an intent or ability to pay the price even if he/she had an intent or ability to pay the price even if he/she did not have a cash or a means of payment, such as a settlement credit card, etc., during the process of drinking.
Accordingly, the defendant was given property by deceiving the victim.
2. On July 27, 2016, the Defendant: (a) around 00:00, the Victim F’s “Hamenda” of the victim F in Gyeyang-si G; (b) the Defendant ordered the victim, as if he had the intent or ability to pay the price, even if he/she did not have any cash or means of payment, such as a credit card, etc., available for settlement; and (c) even if he/she ordered the drinking, he/she did not have any intent or ability to pay the price even if he/she did not have any means of payment, such as cash, or credit card, during the process of drinking, and
Accordingly, the defendant was given property by deceiving the victim.
[2016 Highest 3161] On August 23, 2016, the Defendant, at around 03:0 on August 23, 2016, ordered that the Defendant would pay the price in the second room of the K Sing shop operated by the victim J in Yangsan-si.
However, at the time, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.
Ultimately, the Defendant, by deceiving the victim as above, was provided with alcohol and speech equivalent to KRW 200,000,000, and entertainment service from the victim.
[2016 Highest 3936] The defendant is a victim M who is L around 01:40 on September 3, 2016.