A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2013 Highest 1217] On February 22, 2013, the Defendant entered a 'E' restaurant for the operation of the victim C victim D', which is around 16:30 on February 22, 2013, and the fact that the Defendant received food from the victim does not have the intent or ability to pay the price even if he received food from the victim, ordered the victim's food as if he would pay it. The Defendant received from the victim one of the director general of the office director general of the city of 8,00 won at the market price, and obtained it by fraud.

[2013Kadan1475] On March 15, 2013, the Defendant made a false statement to the effect that “H” of the victim G management “H” located in the Nam-gu Incheon Metropolitan City, Nam-gu, would normally pay the alcohol value, and that “the victim would have repaid his/her external value, so he/she would have paid his/her disease.”

However, the defendant did not have the intention or ability to pay the price even if he received the alcohol from the victim.

Nevertheless, the Defendant, by deceiving the victim and being provided with one disease of a week equivalent to the market price of KRW 3,00,000 by deceiving the victim, did not pay the same amount, thereby acquiring property benefits equivalent to the same amount.

[2013 Highest 1581] On March 22, 2013, the Defendant: (a) around 01:30, the fact at the J restaurant located in the Nam-gu Incheon Metropolitan City I was provided by the victim K, a restaurant business operator; (b) the Defendant did not have the intent or ability to pay the price; (c) was carried out as if he would pay the price; and (d) was provided by the victim with a small amount of KRW 19,00,00 in total of the market price.

Summary of Evidence

[2013 Highest 1217]

1. Defendant's legal statement;

1. Written statements of D;

1. A receipt [2013 Highest 1475]

1. Defendant's legal statement;

1. The police statement concerning G;

1. A receipt [2013 Highest 1581]

1. Defendant's legal statement;

1. The K's statement;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act is the same as the suspended execution;