A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 1, 2018, the Defendant was provided with alcohol and food equivalent to KRW 40,000,000 in total, around 03:00, at E main points operated by the victim D in Yangju-si, as if he would pay the alcohol value to the victim. At the time of making two parts of Kimchi, the Defendant was provided with alcohol and food equivalent to KRW 40,00,000 in total, for two parts of Kimchi 1.

However, the Defendant did not have any intention or ability to pay the above drinking value to the victim because the Defendant was not in possession of money or a credit card that can be settled.

Accordingly, the Defendant, by deceiving the victim, was provided with alcohol and food as above from the victim, thereby acquiring property benefits equivalent to the above amount because the Defendant did not pay the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment (to consider the fact that there has been a history of having been sentenced to fines several times by fraud without prison labor, and that the same crime has been repeated in recent years, including this case);

1. Article 62 (1) of the Criminal Act (including the fact that the amount of deception is the small amount, the fact that it is the reflector, etc.);