A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On February 26, 2017, from around 23:00 to around 01:40 of the following day, the Defendant: (a) the Defendant: (b) placed the same attitude as paying the drinking value in spite of the absence of the intent or ability to pay the drinking value; (c) placed the Defendant’s order for drinking and gambling services on the part of the victim B; (d) was provided with a beer 1,60,000 won at the market price, namely, from the victim’s seat; and (e) did not pay the said price, even if the Defendant was provided with the helper services equivalent to KRW 90,000 at the market price.

Accordingly, the defendant, by deceiving the victim, obtained property benefits and acquired property benefits.

2. On February 24, 2017, the Defendant against the victim E, sent the same attitude as paying the drinking value to the victim E, even though he/she had no intent or ability to pay the drinking value, the Defendant ordered the victim E to pay the drinking and the helper service, which is, he/she received from the victim, the 33 knicker equivalent to the market value of KRW 220,00,000, and was provided with the helper service equivalent to the market value of KRW 60,000,000 at the market value.

Accordingly, the defendant, by deceiving the victim, obtained property benefits and acquired property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of each receipt statute;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended punishment on the sentencing criteria: Where one-month of imprisonment [the scope of the recommended punishment] to one year [the scope of the recommended punishment] is reduced (one-month to one year) in the mitigated area (one-one year), or where the punishment is not reduced, or where considerable damage is recovered;

2. Determination of sentence;