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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 3646] On June 28, 2016, the Defendant requested the victim’s “E” restaurant operated by the victim D in Daegu-gu, Daegu-gu, Seoul-gu, to change the victim’s alcohol and meal amounting to KRW 23,000 in total in the market value.
However, at the time, there was no money owned by the defendant, and there was no fixed income, and there was no intention or ability to pay the price even if the defendant received alcohol from the injured party.
The Defendant was provided with alcohol and meals equivalent to 23,000 won in total from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
[2016 Highest 4953] On September 8, 2016, the Defendant ordered 1st and 1st and 1st and 1st and 2nd and 1st and 1st and 1st and 2nd and 2nd and 1st and 2nd and 1st and 2nd and 2nd and 2nd and 201.
The Defendant, as above, did not pay 28,000 won of the price, despite deceiving the victim and being provided with drinking and drinking by the victim, thereby acquiring pecuniary benefits equivalent to the said amount.
[2016 Highest 6526] On October 25, 2016, the Defendant ordered 2 C to pay the price in a “J cafeteria” located in the Daegu-gu Seo-gu Busan-gu, Daegu-gu, 2016. In fact, the Defendant ordered 2 C to pay the price in a normal manner despite having no intent or ability to pay the price.
The Defendant, as above, did not pay KRW 7,000 for the amount of money in spite of deceiving the victim and being provided an alcoholic beverage from the victim, thereby acquiring pecuniary benefits equivalent to the amount of money.
Summary of Evidence
[2016 Highest 3646]
1. Statement by the defendant in court;
1. Statement of a protocol concerning the examination of partially the police officers against the defendant;
1. Statement made in the police statement protocol with D;
1. A copy of customer order and a statement of transaction of the passbook to the agricultural cooperative [30,000 won in the defendant's agricultural bank account immediately after the police officer called out.]