Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 5, 2017, the Defendant ordered beer and beer to pay the price normally at a restaurant operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-do.

However, the defendant did not have any intention or ability to pay the above payment because he did not have cash or other effective means of payment.

The Defendant was provided with beer and chickens equivalent to KRW 33,00,000 from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning the relevant criminal facts and the choice of a fine (referring to the most favorable normal part of the grounds for sentencing as below)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria shall not be applied since the sentencing criteria have been selected as a fine; and

2. When considering the fact that the defendant who was sentenced to a sentence has committed the same offense even though he/she was punished several times, he/she should severely punish the defendant.

Even after the same punishment was imposed for the same crime (in the Ulsan District Court on September 4, 2014, sentenced to eight months of imprisonment for fraud, and on February 23, 2015, the execution of the sentence was completed at the Ulsan District Court) the defendant's act of in-houseing the defendant has not been improved at all.

However, if the defendant choose to be sentenced to imprisonment with prison labor, the defendant, who is the subject of suspended sentence, is considered to be subject to excessive punishment compared to the defendant's criminal act, and the fine is selected by considering favorable circumstances such as the crime before the crime of this case and the time and interval, but the amount of the fine is to be large amount and the amount to be refunded is to be determined as small amount.