The defendant shall be exempted from punishment.

Punishment of the crime

On June 16, 2017, the Defendant was sentenced to 10 months of imprisonment for a crime of fraud in the Goyang Branch of the District Court, and the said judgment became final and conclusive on November 17, 2017.

On December 2, 2016, at around 10:50, the Defendant ordered alcohol to the victim as if the victim C would pay the drinking value at the first floor E restaurant of D Building operated by Yeongdeungpo-gu Seoul Metropolitan Government.

However, the defendant did not have any intention or ability to pay the price even if he received an alcoholic beverage due to the lack of money at the time.

The defendant deceivings the victim as above and obtained a delivery of 27,00 won of the market price from the injured party and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts:

1. Records before judgment: Application of the text of judgment and summary information inquiry Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (the Defendant, who was sentenced to ten months of imprisonment due to a fraudulent act committed by the same law as the instant crime, shall be deemed to have been sentenced to more severe punishment even if the Defendant was tried together with the judgment on fraud in which the judgment became final and conclusive, in light of the frequency of the crime and amount of damage, etc.