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

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

Punishment of the crime

On December 7, 2015, around 16:30 on December 16, 2015, the Defendant: (a) placed the victim E at D restaurant located in Jongno-gu Seoul Metropolitan Government, as if he would pay the value of food; and (b) placed the order of C and C, including stone stuffs, regrads, Troping, Troping, Troping, and tacks.

However, the defendant did not have cash or settlement cards, and there was no intention or ability to pay the above-mentioned food.

As above, the Defendant: (a) by deceiving the victim; (b) received the above food from the victim; and (c) did not pay the price to the victim; (c) thereby, acquired the pecuniary benefits equivalent to KRW 53,000 in total of the food cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to the F Currency which is the suspect);

1. E statements;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act committed the instant crime repeatedly even though the Defendant had been punished several times for the same kind of crime.

The punishment shall be determined as ordered by comprehensively taking into account all the conditions of all kinds of sentencing, such as the defendant's age, sex, family environment, motive and method of the crime, and circumstances after the crime, etc., in which the defendant seems to suffer from mental difficulties due to depression, etc., the repayment of the amount of damage, and other conditions of punishment.