A defendant shall be punished by imprisonment for four months.

Punishment of the crime

At around 03:00 on January 27, 2015, the Defendant ordered “E” restaurant operated by the victim D in Daejeon Seodong-gu Daejeon, as if the Defendant would pay the victim a normal price, and ordered the drinking, food, and drink.

However, the defendant did not have any intention or ability to pay the price even if he received drinking, food, etc. from the victim because he did not have any money in water as a person who had worked without a certain occupation or import.

The Defendant was provided with alcohol and food equivalent to 35,000 won in total, such as Korea-Japan and so on, from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on investigation;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Application of the sentencing guidelines [Determination of types] Fraudulent Offenses, General Fraud, and Type 1 (less than KRW 100 million): In cases of mitigation factors: In cases of habitual offenders, where punishment is not imposed or considerable partial damage is recovered, the element of aggravation: [Determination of the recommended area] In cases of habitual offenders, “the intent of the victim who does not want punishment” in the mitigation area can be evaluated equally as with the person who is an act more severe than the offender/other person, and thus, the mitigation area is the mitigated area;

From one month to one year of imprisonment; or

2. Taking into account the fact that the defendant who was sentenced to punishment for the same kind of crime has been punished at least 20 times, and that the defendant continues to repeat the crime of unrecied exploitation without reflecting the fact that he/she was sentenced to a fine, etc. even though he/she was sentenced to punishment for the same kind of crime, he/she shall not be sentenced to punishment even if he/she takes into account favorable circumstances, such as the fact that the defendant is breaking and opposing the crime, and that he/she agreed with the victim, etc.

This situation is the age, character and behavior, environment, etc. of the defendant.