A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 사기 피고인은 2015. 9. 1. 18:40 경 서울 양천구 C에 있는 피해자 D 운영의 ‘E’ 라는 음식점에서, 사실은 피해 자로부터 술과 안주를 주문하여 먹더라도 술값 등을 지급할 능력이나 의사가 없음에도 불구하고 마치 정상적으로 이를 지급할 것과 같은 태도를 보이며 술과 안주를 주문하여 이에 속은 피해 자로부터 합계 27,000원 상당의 꼼장어 2 인 분, 소주 2 병을 제공받아 이를 편취하였다.

2. The Defendant: (a) did not pay the foregoing alcohol value, etc. at the same time and place; (b) instead, the Defendant expressed the victim’s abusive to the police that the victim was trying to report it to the police; and (c) obstructed the victim’s restaurant business by force over about 15 minutes, such as having the customers in the restaurant go to the restaurant by having them go to the restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of the receipt statute

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 314(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and Article 62-2 are as follows: (a) the crime of this case was committed in light of the fact that the defendant was subject to a disposition of a penalty on several occasions due to the crimes committed in the form of the crime committed in the form of a general fraud [the scope of a punishment that is less than KRW 100 million] and that there is no basic area (f) [the scope of a punishment that is a special person subject to sentencing] [the scope of a recommendation] and the basic area (f) of the type 1 (f) (i.e., June to one year and six months) [the scope of a recommendation] (a person subject to special sentencing], and the scope of the final sentence due to the aggravated crime: (b) June to February 3 [the decision of a sentence] even though the defendant had a history of being imposed a penalty on several occasions due to the crimes committed in the form of a non-exclusive crime, or a summary indictment by a fine, and that there is insufficient counter-re