Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On September 24, 2014, the Defendant was sentenced to the imprisonment of four months and a fine of KRW 1,00,000 for fraud in the Suwon District Court's Sungnam branch, and the execution of the sentence was terminated on December 16, 2014 at the Suwon Detention Center. On April 10, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the same court, and the said judgment became final and conclusive on April 18, 2015.
At around 22:10 on January 25, 2015, the Defendant ordered one-person portion and two-jus of the sea area, as the Defendant would normally pay food costs in the “Ecafeteria” operated by the victim D in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.
However, the defendant did not have any intention or ability to pay the price because he did not have any money.
The Defendant, by deceiving the victim as above, was provided with food equivalent to KRW 12,00,00 in total, one for the country of the sea and two for the week in that place.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Receipts:
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment ( Taking into account the degree of damage, the fact that the defendant is against his/her will, the equity in cases where the judgment is to be judged concurrently with the judgment in which the