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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On December 11, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court). The judgment became final and conclusive on February 3, 2015, and completed the execution of the sentence in Seoul Southern Prison on September 13, 2015.
[2015 Highest 4343] On November 6, 2015, the Defendant: (a) around 06:40 on an entertainment shop operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) on the basis of the fact, the Defendant ordered F, an employee of the victim, to pay the price in a normal manner despite the absence of the intent or ability to pay the price even if he/she was provided with alcohol and alcohol; (c) ordered F, who is an employee of the victim, to pay the price in a normal manner; and (d) acquired the price by taking three parallel weeks of the total market price of KRW 970,00,00 from the victim.
[2015 Highest 4512] On November 15, 2015, the Defendant: (a) was boarding a H taxi operated by the victim G in the Hongdong, Seodaemun-gu Seoul Metropolitan Government (Seodong) around 07:34 on November 15, 2015; and (b) was driving as if he would pay the fee; and (c) was driving to the water station located in 338, Gangnam-gu, Seoul, Gangnam-gu, Seoul.
However, in fact, the defendant did not have a way to pay taxi charges, so even if he was provided with taxi operation service from the injured party, he did not have the intention or ability to pay the taxi charges.
Defendant deceiving the victim as above and caused the victim to operate the said taxi, thereby receiving services equivalent to the amount of 16,100 won of the taxi fee and acquiring pecuniary benefits equivalent to the said amount.
[2015 Highest 4514] On September 15, 2015, the Defendant ordered alcohol and alcohol to the victim K, a business owner, as if he would pay the alcohol value.
However, the defendant did not have any intention or ability to pay the drinking value to the victim because he did not have any money.
The Defendant, as such, by deceiving the victim, received a total of 520,000 won of alcohol and alcohol from the victim, including 60 bottles.
[2015 Highest 4543]
1. Obstruction of operations;