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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On September 12, 2018, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (driving) in the Daegu District Court and racing support, etc., and completed the execution of the said sentence in the port prison on March 11, 2019.
[Judgment of the court below]
1. Fraud;
A. On March 20, 2020, at around 05:20, the Defendant: (a) was “D” restaurant operated by the victim C, on March 20, 2020; (b) was unable to pay the amount even if the balance of the account linked to the physical card held at the time was not adequate; and (c) was unable to receive food, alcohol, etc. from the victim; (d) was carried out as if the Defendant would normally pay the amount; and (e) ordered food, alcohol, etc. to the victim; and (e) was issued 14,000 fats fats 14,00 won in total at the market price from the victim.
Accordingly, the defendant acquired the victim's property by fraud.
B. On April 27, 2020, the Defendant: (a) around 18:30 on the 18:30 on the restaurant of “G operation of the Victim FF in Si-si; (b) even though the balance of the account linked to the physical card held at the time was not adequate, even if the Defendant did not have the intent or ability to pay the price even if he received food, alcoholic beverages, etc. from the victim, the Defendant would like to pay the price normally; and (c) ordered food and alcoholic beverages to the victim, and (d) received from the victim one disease of three persons in total equivalent to the market value of KRW 27,000, small liquor, and drinking water.
Accordingly, the defendant acquired the victim's property by fraud.
C. On May 1, 2020, the Defendant was in the “J” restaurant operated by the victim I on May 1, 2020, around 02:27, and the balance of the account linked to the physical card held at the time was insufficient, and even if he was unable to receive food, alcohol, etc. from the victim, the Defendant would normally pay the amount.