[2018 Highest 2310] On July 28, 2018, the Defendant, around 06:30 on July 28, 2018, sent the same attitude in “W” located in Seowon-gu, Seowon-gu, Seowon-si, Seowon-si, to pay the value of food normally, ordered food and drink.

However, the defendant did not have any intention or ability to pay food value because he has no money.

As above, the Defendant, by deceiving the victim, obtained food and drink equivalent to the market price of 31,90 won from the victim and acquired them by deception.

[2018 Highest 2960] On August 11, 2018, the Defendant ordered the “AA” restaurant operated by Cheongju-si, Young-gu, Cheongju-si to pay the price. In addition, the Defendant ordered 1 mal and 3 ju-be disease as if he were to pay the price.

However, the defendant did not have the intent or ability to pay the price for food and alcoholic beverages ordered as above.

The Defendant, as above, by deceiving the victim, received food and alcoholic beverages in an amount of 24,500 won in total from the victim.

Summary of Evidence

[2018 Highest 2310]

1. Defendant's legal statement;

1. Statement made to AB by the police;

1. A report on damage;

1. Interim statement;

1. On-site questions and circulars of the results of appraisal, CCTV images, on-site inspections (2018 Highest 2960);

1. Defendant's legal statement;

1. A report on damage;

1. Receipts:

1. On-site photographs;

1. CCTV data;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The basic area (6 to one year and six months) of the sentencing criteria (the scope of recommendations) for general fraud (the amount of less than 100 million won) shall not be included; and

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

2.2.2.2.