[2016 Highest 520] The Defendant is provided with alcohol and food at the “E” restaurant of the victim D’s operation of around 16:00 on December 10, 2016 at around 16:00, and the facts are provided.

In the absence of the intent or ability to pay the price, he/she received an order for alcohol and food equivalent to KRW 23,00,00 from the injured party, and received from the injured party the delivery of KRW 23,00 per 1 disease per son and 1 disease per son by December 15, 2016, and received from the injured party six times in the same manner as indicated in the list of crimes in attached Form 14,50 in total.

Accordingly, the defendant was informed of the victims to receive property.

[2017 Highest 59] On October 31, 2016, the Defendant issued an order for alcohol and alcohol to the victim on the main point of “H operated by the victim G in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, as if the Defendant paid the alcohol and alcohol properly, and ordered the victim to do so.

However, due to the fact that the defendant did not have all means of payment such as cash or credit card, even if he received an alcoholic beverage and a share from the injured party, he did not have any intention or ability to pay the amount properly.

The Defendant, as such, by deceiving the victim, received immediately delivery of alcoholic beverages equivalent to the total market value of KRW 100,000,000, which is equivalent to KRW 30,000 of the market value and KRW 10,000 of the market value, and alcoholic beverages equivalent to KRW 100,00 of the market value, including KRW 10,00,00 of the market value.

Summary of Evidence

[2016 Highest 520]

1. Statement by the defendant in court;

1. Each police statement concerning I, J, K, and L;

1. Each written statement of D and M;

1. Receipts (Receipt Points), receipt (E), receipt (N), receipt (O), receipt (P);

1. On-site photographs (Control Points), on-site photographs (E) (E) (2016 Height 59);

1. Statement by the defendant in court;

1. G statements;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (Aggravated Punishment) of the Aggravation of Concurrent Crimes