beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 4, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on May 15, 2016 at a fixed Eup prison on May 15, 2016.
1. On May 17, 2016, the Defendant: (a) around 10:00 on May 17, 2016, 2016, at the “E restaurant” of the victim D operation in Jung-gu Seoul Metropolitan Government, there is no money with which he/she had; and (b) even if he/she does not have any other means of payment, such as credit card, and so he/she does not have an intent or ability to pay the amount even if he/she sells an order, the Defendant, despite having no intention or ability to pay the amount of the payment, issued orders to the victim as if he/she would normally pay the amount to the victim; and (c) by taking the order of 13,000 won from the victim, he/she acquired
2. On May 18, 2016, the Defendant: (a) around 12:10 on May 18, 2016, the Defendant was aware of the fact in the “G” restaurant operated by the Victim F in Jung-gu Seoul Metropolitan Government, and (b) did not have any money, and (c) did not have any other means of payment, such as credit cards, and thus, did not have an intent or ability to pay the price even if he/she received orders for drinking and food, the Defendant, despite having no intention or ability to pay the price, issued orders to the victim as if he/she would normally pay the price to the victim; and (b) obtained the delivery of alcohol and food equivalent to KRW 29,00 from the damaged person.
3. On May 19, 2016, the Defendant: (a) around 18:00 on May 19, 2016, at the “I” restaurant of the victim H operation in Jung-gu Seoul Metropolitan Government, the Defendant obtained the victim’s 13,000 won and acquired the victim’s 13,000 won by receiving the delivery of alcohol and food, if he/she did not have any other means of payment, such as credit card, even if he/she does not have any other means of payment; and (b) even if he/she received an order for drinking and food, he/she did not have the intent or ability to pay the price.
4. On May 19, 2016, the Defendant who interfered with the business is described in the foregoing paragraph (3) from around 18:00 to around 18:24 on the same day.