Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

[2019 Highest 1153] On March 4, 2019, the Defendant issued an order for food and alcoholic beverages at a “D” restaurant operated by the injured party C in Yeongdeungpo-gu Seoul Metropolitan Government on March 4, 2019.

However, at the time, the defendant did not have the intent and ability to pay the price even after ordering food, alcoholic beverages, etc.

Nevertheless, the Defendant, by deceiving the victim as above, had been provided with food and alcohol equivalent to 11,00 won in total, such as living sofacing from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2019 order 2028] On April 4, 2019, the Defendant: (a) around 01:30 on April 4, 2019, at the singing room operated by the victim F of the victim F in Gangseo-si E, the Defendant was carrying out as if he would pay the amount to the victim; and (b) ordered the distribution of alcoholic beverages and food.

However, at the time, the defendant did not have the intent and ability to pay the price, such as singing fee.

Nevertheless, the Defendant, by deceiving the victim and allocating singing from the victim, was provided with services and alcoholic beverages equivalent to KRW 135,00 in total, including beer, etc.

Accordingly, the defendant acquired property benefits by deceiving the victim and received property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Each receipt; and

1. Application of statutes on site photographs;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, has been punished not less than 20 times for the same kind of crime, and committed the instant crime during the period of repeated crime.

However, the defendant's age and age, including the fact that there is no significant damage caused by the crime of this case and that the victims have agreed smoothly.