Acquittal of the accused shall be acquitted.

1. Around 07:00 on June 26, 2014, the Defendant ordered food and alcoholic beverages, even though he/she did not have the intent or ability to pay the drinking value at the 'C' restaurant of the second floor located in Gangnam-gu Seoul Metropolitan Government B, to believe that he/she is able to receive the said charges, and to obtain pecuniary benefits equivalent to the same amount by removing the amount equivalent to 29,000 won from the said payments.

2. Determination

A. Review of the record of recognition reveals the following facts.

(1) On November 27, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 17, 2014.

(2) Criminal facts of the above final judgment are as follows.

① On June 27, 2014, the Defendant: (a) around 23:10, at the “EM store” located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant ordered the victim F to provide alcohol and alcohol equivalent to KRW 6.40,00 as if he did not have an intent or ability to pay the drinking value; (b) around 27:20, 2014, the Defendant received from the victim H with an intention or ability to pay the drinking value by entering the “G restaurant” located in Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu; and (c) around 27:4:20 on June 27, 2014, the Defendant received 35,000 won or food supply from the victim; and (d) around 12:49, 2014, the Defendant received from the District Court an order of suspension of execution of the execution of the sentence of KRW 30,00 from the victim with an intention or ability to pay the drinking value.