A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2015 Highest 3129]

1. 2015. 11. 9. 경 사기 피고인은 2015. 11. 9. 23:40 경 서울 은평구 C에 있는 피해자 D 운영의 ‘E 식당 ’에서 사실은 음식 등을 주문하더라도 그 대금을 지급할 의사나 능력이 없음에도, 마치 이를 지불할 것처럼 꼼장어 1 인 분, 소주 1 병, 음료수 1 병 및 볶음 밥을 주문하여 이에 속은 피해 자로부터 그 자리에서 음식 등을 제공받았다.

As a result, the Defendant was given property worth KRW 22,00 by deceiving the victim.

2. On November 23, 2015, the Defendant: (a) around November 23, 2015, at a “H” restaurant of the Victim G operation in Eunpyeong-gu Seoul Metropolitan Government on the part of the Defendant: (b) around November 16:0, 2015; (c) even if having ordered food, etc., he/she did not have the intent or ability to pay the price; and (d) as if he/she would have paid the price, he/she received an order from an employee I to provide food, etc. at that place.

As a result, the defendant deceiving I and received property equivalent to 30,000 won in total from the victim.

[2016 Highest 49] On January 3, 2016, the Defendant issued orders to 3 CY for the following: (a) around 06:15, 2016: “L operated by Eunpyeong-gu Seoul J and 1st floor by the victim K; (b) the Defendant, even if having ordered food, etc., did not have the intent or ability to pay the price; and (c) even if having ordered it, he did not pay it properly; and (d) the Defendant ordered 1, 1, 1, 1, 1, 3, 3, 1, 1

Accordingly, the Defendant, by deceiving the victim, was provided with food and alcoholic beverages equivalent to 34,00 won in total from the injured party.

[2016 Highest 915]

1. On October 25, 2015, the Defendant ordered two weeks at “O main store” operated by the Victim N in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

However, the defendant did not have the intent or ability to pay the above price.

As such, the defendant deceivings the victim and is equivalent to approximately KRW 130,000 from the victim's seat.