A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On July 26, 2018, the Defendant was sentenced to six months of imprisonment for habitual fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence in the Ansan Prison on November 7, 2018.

【Criminal Facts】

1. On February 3, 2019, around 15:35, on February 3, 2019, the Defendant committed a crime and ordered food and alcohol to the victim, while driving as if the Defendant would pay the price at the “D” restaurant operated by the victim C in Jung-gu Seoul, Jung-gu, Seoul.

However, the defendant did not have money, credit cards, etc., and there was no intention or ability to pay the price for food and drink due to the absence of certain income or assets.

The Defendant, by deceiving the victim as above, received food and alcohol equivalent to KRW 22,00 in total from the victim with water leakage from the victim, and from the victim with water leakage, the Defendant received food and alcohol equivalent to KRW 22,00.

2. On February 7, 2019, around 06:54, on February 7, 2019, the Defendant committed a crime and ordered food and alcohol to the victim, who had completed the completion at the “G cafeteria” restaurant run in Jung-gu Seoul Metropolitan Government, as if he were to pay the amount.

However, the defendant did not have money, credit card, etc., and there was no intention or ability to pay the price for food and drink because there was no certain income or property.

The Defendant, as above, by deceiving the victim, received food and alcohol equivalent to the sum of 17,00 won per person of kimchi bean, 1 per person of kimchi, and 1 disease per week from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and F;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of the concurrent crimes, there is no moment that the defendant led to the confession of the reasons for sentencing and the degree of damage is heavy, among the concurrent crimes, under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;