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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[criminal history] On September 25, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Eastern District Court on September 25, 2015; on February 12, 2016, the same court was sentenced to ten months of imprisonment with prison labor for special intrusion of residence; and on May 5, 2017, the execution of the final sentence was terminated.
[2018 Highest 953 Criminal facts] The Defendant colored marin that sells foodstuffs, such as rice, and cafeterias around it, requested the maart to sell food as if he was a restaurant employee and deliver the food to the restaurant, and requested the employees who have brought about the food to return it again because part of the ordered food was omitted. The Defendant attempted to take the goods by selling the food to the restaurant operator or by selling it to the restaurant operator.
1. On July 20, 2017, the Defendant: (a) around 11:30 on July 20, 2017, 2017, the Defendant: (b) on the Maart operated by the victim D in Seocheon-si, Seocheon-si, the Defendant, as if he was an employee of the G cafeteria located in the F of the same city, demanded the employees E to deliver food equivalent to the total of KRW 98,600, total market value of rice 2 pos, etc. to the above restaurant; and (c) on the same day, on the same day, the Defendant made the said Ha’s employees who brought food in the front of the above restaurant, stating that “the head of the next cafeteria was omitted, and again brought about .......”
However, the defendant did not have the intent or ability to pay the price even if he was provided with food due to the lack of money.
The Defendant, as such, by deceiving the above E and H respectively, received food, such as rice, etc. with a total amount of KRW 98,600,00 in the market value, on the same day from H of the victimized person’s staff.
2. On February 19, 2018, the Defendant committed a crime on February 19, 2018, when he/she completed the part of his/her name in K E-art operated by the Victim J in Busan on February 19, 2018.