Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[2018 Highest 4259] On October 28, 2018, the Defendant: (a) around October 17, 2018, at the “D” restaurant of the victim C’s operation in Daejeon Jung-gu, Daejeon; (b) was engaged in the act as if the Defendant would normally pay the amount of food, although there is no intention or ability to pay the amount of food; and (c) ordered the victim’s drinking and food, and thereafter, (d) was provided with alcohol and alcohol equivalent to the sum of KRW 16,00,000, including two main drinkings and one main drinking, around that time.

Accordingly, the defendant was given property by deceiving the victim.

[2019 Highest 3149] On July 30, 2019, the Defendant issued an order of the blades and smalls to the “F” restaurant located in Seo-gu, Daejeon, Daejeon, by ordering the Defendant to drink the blades and smalls, and was under the influence of alcohol without paying the value of food, and the Defendant expressed the victim’s desire on the ground that the victim’s G (the age of 43) who is a guest at the same place reported 112.

Summary of Evidence

[2018 Highest 4259]

1. Defendant's legal statement;

1. C’s statement;

1. Receipts (2019 Highest 3149);

1. Defendant's legal statement;

1. G statements;

1. Application of the Acts and subordinate statutes to photographs of damaged parts claimed by the victim;

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) requires consideration, including the fact that the damage was insignificant and detained for a considerable period of time.