A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 1, 2013, at around 20:30, the Defendant ordered food “E” restaurant operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, as if the victim would normally pay the value of food to the victim.

However, the defendant did not have any intention or ability to pay the food value even if he/she ordered food because he/she had no money during the time.

As such, the Defendant, by deceiving the victim, had the victim take advantage of the victim’s 14,700 won and obtained the victim’s 1 disease, etc. from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of an invoice statute;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of a criminal act and the misunderstanding is divided in depth, the amount of defraudation is a small amount, the detention of the criminal act in this case and living under detention for three weeks, and other circumstances such as the family environment of the criminal defendant, etc.);

1. It is so decided as per Disposition for the reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;