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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Power] On July 25, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on September 29, 2014 and completed the execution of the sentence.
【Criminal Facts】
[2014 Highest 3364]
1. On October 24, 2014, the Defendant: (a) from around 18:00 on October 24, 2014 to around 02:20 on October 25, 2014, at “Esing shop” operated by the victim D (hereinafter referred to as “Esing shop”) located in Gangdong-gu Seoul Metropolitan Government from around 18:00 to around 5:20,00 the following day; (b) the Defendant issued orders for Ling shop services as if he/she would have paid the price to the victim even if he/she did not have the intent or ability to pay the alcohol value; and (c) the Defendant received orders for the instant services from the victim for the instant services in total of KRW 175,00,00 from the victim.
Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.
2. On October 25, 2014, the Defendant: (a) on October 25, 2014, from around 17:40 to around 22:30, the facts in “H dan” operated by the victim G on the first floor of the F underground of Gangdong-gu Seoul, Gangdong-gu, (b) was committed as if the Defendant would have had no intent or ability to pay the drinking value, etc. even if he/she orders the drinking and the musical instruments, and (c) was ordered to provide the victim with the said services, and the Defendant was provided with the said services in total amount of KRW 224,00,00, alcoholic beverages, and the said services.
Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.
[2014 Highest 3452] The Defendant, on October 21, 2014, sent the same attitude that the Defendant would pay the amount at the same time from October 21, 2014 to October 22, 203:3:35, the victimJ operated by Gangdong-gu Seoul, Gangdong-gu, Seoul, for the victim’s alcohol and alcohol, ordered the victim to pay the amount, but the fact did not have any intention or ability to pay the amount.
The defendant, from the victim, is a 155,000 won in the face of the victim, is a 10-beer and an Aboju, and a music service is provided.