A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Attachment] On February 6, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court (Seoul Central District Court) on June 6, 2014, and completed the enforcement of the sentence at the Seoul Detention Center.

[2015 Highest 3414]

1. 피고인은 2015. 6. 7. 15:50경 서울 중구 O에 있는 피해자 P이 운영하는 ‘Q’ 식당에서, 사실은 수중에 돈이 없어 음식을 주문하더라도 정상적으로 음식대금을 지급할 의사나 능력이 없음에도, 마치 그 대금을 지급할 것처럼 피해자에게 7,000원 상당의 비빔밥 1그릇과 4,000원 상당의 소주 1병을 주문하였다.

피고인은 위와 같이 피해자를 기망하여 즉석에서 위 비빔밥과 소주를 제공받아 피해자로부터 동액 상당의 재산상 이익을 취득하였다.

[2015 Highest 3480]

2. On June 4, 2015, at around 19:55, the Defendant: (a) placed an employee’s second-class food store located in Jung-gu Seoul Metropolitan City R in a 2nd food store in the middle-gu, and stolen the Defendant’s 2,300 won of the original decoration market price, 11,000 won, and the 2,150 won of the 2,300 won of the 2,300 won of the 2nd class of the original decoration market price owned by the victim, without calculating the amount.

[2015 Highest 3569]

3. At around 07:40 on June 7, 2015, the Defendant ordered the “W” restaurant operated by the victim V in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government U, and the fact that the Defendant did not intend to pay food normally even if he did not have any money under water and did not have any intent or ability to pay food normally. As such, the Defendant ordered the victim, as if he were to pay the money, the amount of which is equivalent to KRW 7,00, 100 and 3,000.

The Defendant, by deceiving the victim as above, received the above food from the seat, and acquired the pecuniary benefits equivalent to the same amount from the victim.

[2015 Highest 3940]

4. At around 13:30 on May 30, 2015, the Defendant would have paid the amount in spite of the absence of the intent or ability to pay the amount in the “Z” restaurant operated by the victim Y in Jongno-gu Seoul Metropolitan Government X.