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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On January 7, 2020, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for night buildings, intrusions, larceny, etc. at the Seoul Central District Court on January 7, 202, and the judgment became final and conclusive on January 15, 2020.
【Criminal Facts】
1. On August 10, 2019, the fraud Defendant called “D” restaurant operated by the victim C by means of public telephone from Gwanak-gu in Seoul Special Metropolitan City to the effect that “D” restaurant is delivered to the victim.
However, the defendant did not have any revenue, and there was no intention or ability to pay food value even if he received food from the victim because he did not have any property specially owned.
Nevertheless, the Defendant received satisfaction equivalent to KRW 38,000 on the same day from the victim at the end of the foregoing false statement, as well as from around that time to October 16, 2019, food and drink equivalent to the total market price of KRW 118,800 on four occasions, such as the list of crimes in attached Table, from around that time.
Accordingly, the defendant was informed of the victims and received property.
2. Attempted fraud;
A. On August 9, 2019, the Defendant called “F” restaurant operated by the victim E by means of public telephone in Gwanak-gu, Seoul Special Metropolitan City, to the effect that “the delivery of skin to the victim.”
However, the defendant did not have any revenue, and there was no intention or ability to pay food value even if he received food from the victim because he did not have any property specially owned.
Nevertheless, the Defendant had the victim go to the designated place at the end of the above false statement, but did not go to the wind that does not go to the designated place due to the fear that the crime would be avoided.
B. On September 24, 2019, the Defendant: “H” located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) calls from his employee at a convenience store; and “The victim I operates the phone at a restaurant.”