A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal records] On August 24, 2017, the Defendant was sentenced to three years and six months of imprisonment for fraud, etc. at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence in the first intersection of the North Korean Branch on October 12, 2020.

[Criminal facts]

1. On November 7, 2020, around 20:50, the Defendant ordered food and alcohol to the victim under the “D store” operated by the victim B in Gangseo-gu Seoul Metropolitan Government, and ordered food and alcohol to the victim.

However, the Defendant did not have the means of payment, such as cash or credit cards, at the time, and immediately after being released from the 1st century, the Defendant did not have any particular income and property. Therefore, even if he was provided with food and alcohol, there was no intention or ability to pay the amount.

결국 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해 자로부터 합계 16,000원 상당의 닭똥 집 튀김 1접 시, 맥주 1 병을 교부 받아 편취하였다.

2. Around November 19, 2020, the Defendant ordered food and alcohol to the victim E, while doing so as to pay the price in the “G store” operated by the victim E in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu.

However, the Defendant did not have the means of payment, such as cash or credit cards, at the time, and immediately after being released from the 1st century, the Defendant did not have any particular income and property. Therefore, even if he was provided with food and alcohol, there was no intention or ability to pay the amount.

Ultimately, the Defendant, by deceiving the victim as above, obtained the delivery of 35,000 won in total from the injured party, 1, 2 C, and 3 C, and 3 C, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. An invoice or interim invoice;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (prior convictions of suspects and repeated offenses), and application of Acts and subordinate statutes on personal confinement;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;