However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

"2016 Highest 446"

1. On January 2, 2016, the Defendant, even though there was no intent or ability to pay the drinking value at D main points operated by the Victim C in Suwon-si, Suwon-si, Suwon-si, the Defendant issued an order of the sum of KRW 25,000, including 1 Byung and Ma-ju, and then acquired and acquired the drinking value.

"2016 Highest 578"

2. On January 15, 2016, the Defendant: (a) committed the act of selling alcohol and food at “G main stores operated by the Victim F in Suwon-si, Suwon-si; (b) as if he did not have the intent or ability to pay the price, even if he/she received an order for drinking and food; and (c) he/she acquired a pecuniary benefit equivalent to the amount of the said amount because he/she did not pay the price to the injured party, even though he/she received an order for drinking and food; (d) the amount equivalent to KRW 3,000,000, the amount equivalent to KRW 38,000,000, the amount equivalent to the market price of KRW 5,000, the amount equivalent to the amount of KRW 15,000, the amount of alcoholic beverages, and the amount of the price was paid.

Summary of Evidence

[2016 Highest 446]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of the receipt (2016 highest 578);

1. Statement by the defendant in court;

1. A written statement;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud (less than KRW 100 million) and the mitigation area (one month-one year-one year-one year-one person] and no punishment is imposed;

2. Although it is not good in light of the fact that the defendant who was sentenced to punishment more than one time for the same crime committed each of the crimes of this case even though he had been sentenced to punishment, the fact that the defendant recognized all of the crimes of this case and reflects the mistake, that the amount of fraud is small, and the victims do not want the punishment of the defendant by agreement with the victims.