Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 16, 2013, the Defendant, at around 23:30 on the main point of “D’s operation” of the victim C located in Suwon-si, Suwon-gu, Suwon-si, but did not intend or have the ability to pay the price even if he/she orders alcoholic beverages, he/she acquired financial benefits equivalent to that amount by failing to pay the price by credit card to the victim who charges the pre-paid account. The Defendant’s false statement that he/she would pay the price by credit card from the victim, and that he/she acquired financial benefits equivalent to the aforementioned amount by failing to pay the price to the victim, even though he/she was provided with the amount equivalent to KRW 105,00,00 in total, including 30,000 for singing, 20,000 for singing, and 30,000 for entertainment service charges.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the receipt statute
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution;
1. Probation and community service order under Article 62-2 of the Criminal Act;