Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

On December 3, 2017, the Defendant: (a) around 22:10, around 22:3, 2017, at “D cafeteria” operated by the Victim C in the Haak-gun, Hanam-gun, the Defendant ordered only one bottle of water, one week, and one bottle of drinking water, while working as if the Defendant would pay the completion to the victim.

However, in fact, the defendant did not have certain occupation and property and does not possess cash or credit card payment means, so even if he received an order for food, he did not have the intention or ability to pay the price.

Nevertheless, the defendant deceivings the victim as above and acquired food equivalent to the total market value of 13,00 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of an invoice statute;

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

1. The fact that the same criminal record and the same criminal record are 16 times, except for the trial records for the notification of reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and among them, the criminal record and the criminal record who were sentenced to imprisonment with prison labor (including the cancellation of the suspension of execution), were also four times, and the criminal record and the criminal record who were sentenced to the punishment for the same crime was punished four times only for the same crime in 2017, should be criticized that the criminal defendant repeated the act of taking the place under the same law without prison labor.

In addition, the sentence of imprisonment with prison labor of the same kind is not in line with the purpose of responding, regardless of the seriousness of the criminal justice, because it has already been sentenced to criminal punishment of the same kind of punishment and has also committed the same crime during the repeated crime period.

I think about it.

However, the amount of damage caused by the instant crime is not more than 13,000 won. The Defendant, through the offender, repaid the above KRW 13,000 to the victim, and accordingly, the victim is not subject to punishment against the Defendant.