A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[Criminal Power] On August 23, 2019, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Western District Court on June 2019, and the judgment became final and conclusive on August 31, 2019 and is currently under suspended sentence.

【Criminal Facts】

around 14:30 on November 24, 2019, the Defendant issued an order for alcohol and food equivalent to KRW 28,000,00 for total of KRW 28,00,00, such as liquor 1 disease and two-person swine, and then received from the victim, the Defendant was provided with alcohol and food in the “D” restaurant operated by the victim C, which is located in Yeongdeungpo-gu Seoul Metropolitan Government, on November 24, 2019.

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

『2019고단6512』 피고인은 2019. 11. 16. 10:30경 서울 영등포구 E, 2층에 있는 피해자 F이 운영하는 “G” 식당에서 사실은 술값 등을 지불할 현금 또는 신용카드 등의 결제수단이 전혀 없어 피해자로부터 술과 음식을 제공받더라도 그 대금을 지급할 의사나 능력이 없음에도 불구하고 마치 이를 정상적으로 지급할 것처럼 행세하며 소주 1병, 짬뽕 1그릇 등 총 10,000원 상당의 술과 음식을 주문하여 이에 속은 피해자로부터 총 10,000원 상당의 술과 음식을 제공받았다.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

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

1. Of concurrent crimes, circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: Each of the crimes in this case.