Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant of "2014 High 446" had no intention or ability to settle the price even if he was provided food in a restaurant because he/she had no property as an unqualified person.

Nevertheless, around 15:00 on June 21, 2013, the Defendant: (a) inducedd the victim as if he would pay the food cost; and (b) had the victim received food equivalent to KRW 10,000,00, such as cooling water, drinking water, and small liquor 1 disease; and (c) had the victim paid the food cost; (d) had the victim paid the food cost, and had the victim acquired the pecuniary benefit equivalent to the said amount because he did not pay the cost.

『2014고정450』 피고인은 2013. 6. 22. 01:45 안산시 단원구 E, 4층에 있는 피해자 F(82년생, 남)가 운영하는 'G' 주점에서, 처음부터 술값 등을 지불할 의사나 능력이 없음에도 불구하고, 마치 대금을 지불할 것처럼 술을 주문하는 방법으로 피해자를 기망하여 이에 속은 피해자로부터 엡솔루트 보드카 양주 1병을 제공받고 그 술값대금 160,000원을 지불하지 않는 방법으로 동액 상당의 재산상 이익을 취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement and F’s written statement;

1. Application of a receipt, invoice statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;