The defendant shall be exempted from punishment.

Punishment of the crime

On June 26, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on July 4, 2018.

On March 27, 2018, around 18:10, the Defendant issued an order of alcohol and alcohol equivalent to the sum of KRW 28,000,00, to the victim D (at least 50 years of age), who is an employee, without any intent or ability to pay the food cost, as if he would pay the price. The Defendant ordered an order of alcohol and alcohol equivalent to the sum of KRW 28,00,00, such as sludge, 2 bottles, and pots.

However, the defendant did not have the intention or ability to pay the drinking value, etc.

The defendant deceivings the victim as above, and was provided with alcohol and alcohol equivalent to 28,000 won from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Written statements of D;

1. Invoice;

1. Previous conviction in judgment: Application of the text of the judgment;

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

1. Article 37 of the Criminal Act to deal with concurrent crimes and to exempt punishment: Provided, That Article 39 (1) of the said Act (the case where a judgment becomes final and conclusive at the same time as the case where a judgment is rendered, it is reasonable to exempt the said punishment in an equitable manner);