A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 18, 2017, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at a flood control center on March 27, 2017, and the execution of the sentence was terminated at the flood control center.

1. On April 2, 2017, the Defendant: (a) around 14:40 on April 2, 2017, the Defendant issued an order for alcohol and food, following the Defendant’s criminal conduct in a “E” restaurant operated by Sungnam-si C and the Victim D as if the Defendant would pay the price.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and food from the injured party because he did not have cash or credit card.

피고인은 이에 속은 피해 자로부터 합계 1만 원 상당의 소주 1 병과 짬뽕 1 그릇을 제공받고 대금을 지급하지 아니하여 편취하였다.

2. On April 3, 2017, the Defendant issued an order for alcohol and food to H, an employee of the said restaurant, on April 3, 2017, in a “G” restaurant operated by the victim’s name in Suwon-si F, Suwon-si, the victim’s name in Suwon-si F, who was the victim’s influence, around 17:08.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and food from the injured party because he did not have cash or credit card.

The defendant acquired the 10,000 won in total from H and did not pay the price after being provided with a 1-year fluort with a fluorial paper equivalent to H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements prepared in D;

1. Customer order form, on-site photographs, and receipts;

1. Previous records: Application of investigation reports (Attachment to judgment of repeated crime, etc.), criminal records, and replys to inquiries, such as criminal records;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) is an aggravated area (one year to two years).