Text
A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On November 13, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence in the Common Detention House on April 26, 2015.
1. On May 24, 2015, around 23:03, the Defendant ordered the victim’s alcohol, alcohol, etc. to the victim, as if he would pay the price, in a restaurant of “E” operated by the victim C in Kimhae-si, Kim Jong-si.
However, the defendant did not have the intention or ability to pay the price even if he received food ordered by the victim due to the lack of cash or the card available for settlement.
Nevertheless, the Defendant, by deceiving the victim as above, got the victim from the victim one math of Sododoin equivalent to the market value of KRW 17,000 on the same day, and acquired the victim 1 math of Sodoin equivalent to the market value of KRW 2,500, and 3,000, and acquired the property of KRW 22,50 in total.
2. On June 21, 2015, the Defendant ordered the victim F to provide alcohol, food, etc. at a cafeteria with the trade name “H” operated by the victim F on the second floor of the Gimhae Building in Kimhae-si, as if he would pay the price.
However, the defendant did not have the intention or ability to pay the price even if he received food ordered by the victim due to the lack of cash or the card available for settlement.
그럼에도 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 같은 날 시가 36,000원 상당의 쭈꾸미삼겹철판 3인분, 시가 24,000원 상당의 낙지철판 2인분, 시가 21,000원 상당의 소주 7병 등을 제공받아 합계 88,000원 상당의 재물을 편취하였다.
3. On June 30, 2015, the Defendant committed a crime against the victim I in a restaurant with the trade name “K” operated by the victim I on the fourth floor of the JJ building at Kimhae-si, Kim Jong-si, as if he would pay the price, the Defendant would drink, food, etc. to the victim.