A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 20, 2017, around 22:00, the Defendant ordered alcohol and alcoholic beverages, etc. while working as if the Plaintiff would normally pay the drinking value at the “E” entertainment drinking point in the operation of the Victim D located in Busan Daegu Shipping Daegu C, as the Defendant would normally pay the drinking value.

However, the Defendant did not have any particular property or income source at the time, and there was no intention or ability to pay the drinking value from the beginning because there was no alternative means such as cash or credit card.

Accordingly, the Defendant, by deceiving the victim as above, was provided with alcoholic beverages and services equivalent to KRW 1060,000 from the victim, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

2. On October 11, 2017, around 23:00, the Defendant ordered alcohol and alcoholic beverages, etc. at the above “E” entertainment station as if the Defendant would normally pay the alcohol value to the victim. However, as stated in paragraph (1) of the same Article, the Defendant did not have any particular property or import source at the time, and there was no intention or ability to pay the alcohol value from the beginning because there was no cash, credit card, etc. means to pay the alcohol value.

Accordingly, the Defendant, by deceiving the victim as above, received alcoholic beverages and services equivalent to KRW 1.6 million from the victim, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

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 crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed on two occasions, where alcoholic beverages and services equivalent to the total of 2.6 million won are provided, and the amount is not paid, and the nature of the crime is not less than that of the crime, and the defendant is punished seven times or more for the same crime.