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A defendant shall be punished by imprisonment for a period of two months.
Reasons
Criminal facts
The Defendant, on February 25, 2020, expressed the attitude that the Defendant would normally pay the price when ordering the alcohol and food equivalent to KRW 34,000 at the market price of 2 persons per annum and small liquor 1 bottle, etc., in light of “C” located in Daejeon Seo-gu Daejeon, Daejeon, Daejeon.
However, in fact, the defendant did not have money, and there was no certain income at the time, so even if he received an order for drinking and food, he did not have the intent or ability to pay the money normally.
As above, the Defendant: (a) by deceiving the victim; (b) ordered the victim to take food and drink at the market price of 34,000 won; and (c) did not pay the price to the victim; and (d) acquired pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of D Police Receipt Acts and subordinate statutes
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the defendant's mistake in sentencing of imprisonment for the reason of sentencing, and the fact that the damage caused by the instant crime is minor, etc. are favorable to the defendant.
However, the Defendant had a past conviction near 50 times, most of which are criminal records identical to the instant crime, and the Defendant’s speech that the Defendant’s mistake in light of such criminal records, etc. cannot be easily believed. Rather, the Defendant is not only a compliance consciousness and ethics awareness, but also a person who has weakly committed his/her work, and is highly likely to repeat a crime.
It is inevitable to see that the Defendant’s injury amount or failed to receive a letter, and that the Defendant avoided criminal procedures by means of refusing to attend the investigation process or not receiving contact after promising to attend the investigation process due to the instant crime, thereby causing unnecessary waste and inefficiency of the investigative staff, and is far more unfavorable to the Defendant.
In addition, the age, sex, environment, and motive, means, and result of the crime of the defendant;