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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On March 31, 2016, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Gangnam Branch Branch of the Chuncheon District Court, and on January 17, 2017, the Defendant completed the execution of the sentence at the Gangnam Branch.
[2017 Highest 1357]
1. On October 17, 2017, at the E main point of the victim D (n, 46 years old) operated by Gangseo-si, Chungcheongnam-si, the Defendant ordered the victim to pay the drinking value, and despite the absence of an ability or intent to pay the drinking value, the Defendant was issued the victim with the order of 15 C, 1 C, and Singju 2, and the victim received the delivery of alcoholic beverages and alcoholic beverages equivalent to KRW 255,000 in total from the victim.
2. On October 25, 2017, the Defendant ordered 10 Crejus, 10 Crejus, 1 Crejus, 200 won, and 220,000 won in total from the injured party, and received alcoholic beverages, 44,00 won in total from the injured party, even though the Defendant did not have the ability or intent to pay the drinking value.
3. On October 29, 2017, the Defendant issued an order to operate the Victim J (Y, 58 years old), which is located in Gangseo-si, Gangnam-si, the Defendant: (a) issued an order to pay the alcohol value to the victim; (b) in spite of the absence of the Defendant’s ability or intent to pay the alcohol value, the Defendant received the order from the victim 20,000 won of the total sum of the payments from the damaged party; and (c) issued the victim with the alcohol and alju in an amount equivalent to KRW 320,000,000 of the alcohol amount from the victim; and (d) made a false statement to the effect that “If the Defendant would pay the balance to the employee due to the lack of cash making it difficult to do so, it would make payment together at the time of settlement of the alcohol value.” (c) In addition, the Defendant received property equivalent to KRW 50,000 from the injured party, by deceiving the victim to receive KRW 50,000 from the injured party.
4. On November 14, 2017, the Defendant ordered beer 10 Creju 10 Creju 10 Creju 2 Creju 2 Creju 2 Creju 2 Creju 2 Creju 2 Creju 20,000, and the Defendant received delivery of alcoholic beverages and junjus equivalent to KRW 180,00,00 from the injured party, despite the absence of the Defendant’s ability or intent to pay the drinking value.