The defendant shall be exempted from punishment.

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on November 11, 2016.

On June 12, 2016, when the Defendant did not have the intent or ability to pay the drinking value, the Defendant took place from around 21:45 to 23:40 on the same day from around 21:40 on June 12, 2016 to the victim C, who is the head of the amusement store, as if he would pay the drinking value, and the Defendant acquired the pecuniary benefits equivalent to the said amount by taking orders for alcoholic beverages equivalent to KRW 240,00,000, such as two liquors (market price of KRW 130,000), service charges (market price of KRW 10,000), three milk and tobacco (market price of KRW 10,00), and not paying the drinking value.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. A receipt for the value of alcoholic beverage;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a report on investigation (the attachment of an indictment to a suspect, confirmation of the results of a trial by a suspect), search of cases, and application of statutes of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the equity, etc. in sentencing shall be considered when a judgment is rendered simultaneously with a crime in the judgment in question);