Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2015 Highest 1657] The Defendant did not have any means of settlement, such as cash, credit card, etc., and the Defendant did not have any intent or ability to pay the price even if he/she orders it.

Nevertheless, the Defendant, around 18:50 on June 1, 2015, sent the same attitude that the Defendant would pay the price at “Ecafeteria” operated by the victim D in Ansan-si Group C, Ansan-si. Around 18:50, the Defendant ordered an alcoholic beverage to be provided with 1 week, 1 week, 1 week, and 1 disease in total from the victims. On October 10, 201, at the H station operated by the victim G in Ansan-si F, Ansan-si around 16:40 of the same month, the Defendant ordered an alcoholic beverage to be provided with 18,00 won in total from the victims.

In this respect, the defendant deceivings victims and acquired the total amount of 27,000 won of the market price through two times.

[2015 Highest 1806] The Defendant did not have any means of settlement, such as cash, credit card, etc., and the Defendant did not have any intent or ability to pay the price even if he/she orders it.

그럼에도 불구하고 피고인은 2015. 5. 29. 19:00경 안산시 단원구 I에 있는 피해자 J 운영의 ‘K식당’에서 음식값을 지불할 것 같은 태도를 보이며 술과 안주 등을 주문하여 이에 속은 피해자로부터 합계 18,000원 상당의 닭똥집 1개(10,000원), 소주 2병(6,000원), 콜라 1병(2,000원)을 제공받았다.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

[2015 Highest 1657]

1. Defendant's legal statement;

1. A written statement of each victim of D or G;

1. Each receipt; and

1. On-site photographs (2015 Height 1806);

1. Defendant's legal statement;

1. Statement to J police officers;

1. Receipts:

1. Application of related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;