A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 24, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months with prison labor for property damage, etc. at the Chuncheon District Court on September 18, 2017, and sentenced four months to the crime of interference with business at the same court on September 18, 2017 and completed the execution of each of the above punishment on March 6, 2019

1. On May 22, 2019, the Defendant: (a) around 12:55 on May 22, 2019, at a restaurant operated by the Victim C in Daegu-gu Dong-gu, Daegu-gu; and (b) on the fact, the Defendant, even if having ordered alcohol and alcohol, did not have the intent or ability to pay the price; (c) ordered alcohol and alcohol to the victim as if he would have paid the price; and (d) the Defendant was provided with 2-bed and roasting 16,00 won in total at the market price from the victim.

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

2. On May 21, 2019, the Defendant ordered the victim D’s “E” restaurant managed by the victim D in Daegu-gu, Daegu-gu on May 21, 2019, and ordered the victim to pay the victim food at a normal level. In doing so, the Defendant ordered the victim to pay the victim food at a single studio of the number of destroyed rice stations equivalent to KRW 5,000, the market price of which is equivalent to KRW 4,000, the market price of which is KRW 5,000.

However, the defendant did not have the means of payment, such as cash and credit card, so even if he was provided with alcohol and food from the victim, he did not have the intent or ability to pay the price.

The Defendant, as such, by deceiving the victim, received a delivery of alcohol and food equivalent to the total market value of KRW 9,000 from the victim.

Summary of Evidence

[2019 Highest 2830]

1. Defendant's legal statement;

1. C’s statement;

1. Interim statement (2019Sang3019);

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts:

1. Application of investigation reports (related to confirmation of non-bearing of money and valuables held at the time of taking out a suspect), criminal records, replys to criminal records, investigation reports (period of repeated crime of a suspect and confirmation of the same kind of power);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.