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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
around 17:00 on October 30, 2016, at the “E” restaurant operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City, the Defendant ordered three sons, three sons, three sons, ten sons, ten sons, two sons, and one son of drinking water, and committed as if the Defendant would normally pay the amount.
However, there was no intention or ability to pay food cost because he does not possess cash or credit card or other means of payment.
The Defendant was provided with food equivalent to KRW 168,00 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. Statement made by the police against D;
1. Application of Acts and subordinate statutes of written statements, receipts, each photograph, and each investigation report (including attachment);
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, and Article 347(1) of the Criminal Act on the selection of punishment is relatively minor, but considering the fact that the defendant repeats an act of pre-service without any particular crime, and that the defendant did not reach an agreement with the victim.