A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Criminal facts

On December 13, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on June 25, 2017.

[2018 Highest 3841] On May 4, 2018, the Defendant, around 07:30 on May 4, 2018, sent the same attitude to pay food to the “D” restaurant operated by the victim C in Jongno-gu Seoul Metropolitan Government, and to pay food normally when providing food.

However, at the time, there was no intention or ability to pay the price even if the defendant was provided with food from the victim because there was no other self-sufficiency.

Ultimately, the Defendant, by deceiving the victim as above, was provided with the net state of approximately KRW 10,00 in the market value from the victim.

Accordingly, the defendant, by deceiving the victim, received property from the victim and acquired it.

[2019 Highest 1676] On March 15, 2019, the Defendant, at the main point of “G” operated by the victim FF in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul underground, paid the amount corresponding to the food, etc., and ordered food, etc. to the victim.

However, the defendant did not have the intent or ability to pay the price even if he was provided with food, etc. from the victim because he had no financial ability at the time.

The Defendant was provided by the victim with 80,000 won in total on the same day with 10,000 won and 10 disease.

Accordingly, the defendant, by deceiving the victim, received property from the victim and acquired it.

[2019 Highest 4277] On December 25, 2017, the Defendant issued an order to “J” restaurant operated by the victim I in Gangseo-gu Seoul Metropolitan Government on the basis of “J” around 14:1 on December 25, 201, and the fact is that, even if the victim was provided with food from the victim, he/she would not pay the price, but would normally pay the price, so he/she would be able to pay the price in a normal manner, and that he/she is from the victim.