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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 record] On November 29, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Eastern District Court on July 22, 2013, and completed the execution of the sentence at the Seoul Southern Southern District Court.
"2013 Highest 3187"
1. At around 10:20 on November 12, 2013, the Defendant made a false statement to the victim “E” restaurant operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, stating that “The Defendant would pay the victim the food cost of alcoholic beverage and alcoholic beverage.”
However, the defendant did not have the intention or ability to pay the food cost.
Accordingly, the Defendant, by deceiving the victim as such, received from the victim the amount of money equivalent to KRW 9,00 of the market value of KRW 9,00, and the Defendant received from the victim one disease.
2. The Defendant continued to drink food ordered at the same date, time, and place, and interfered with the instant victim’s restaurant business by force for 30 minutes, such as flachising the flachis, flachising the flachis, and taking the bath, and driving away the customers.
"2014 Highest 205"
1. On November 12, 2013, at around 09:00, the Defendant ordered the Victim H to food equivalent to KRW 22,00,00, in Chinese restaurant of “G” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.
However, the fact did not have the intention or ability to pay food cost even if it was provided by orders such as alcoholic beverages and liquor.
As such, the Defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 22,00 from the victim.
2. On November 18, 2013, around 04:54, the Defendant: (a) boarded a J-si operated by the victim I on the street in front of the water station located in the Gangseo-gu Seoul Southern-gu, Seoul; and (b) arrived at the entrance front of the entrance of the Nobbbs hotel located in the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.
However, there was no intention or ability to pay taxi charges even if the victim arrives at the destination of the taxi on board.
As such, the defendant deceivings the victim.