A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

around 14:00 on February 19, 2016, the Defendant: “E” restaurant working on the third floor of the Yangcheon-gu Seoul Metropolitan Government building C; the Defendant, despite having no intent or ability to pay the amount of food, has taken the same attitude to pay the amount; and the Defendant, by deceiving the victim by means of ordering the victim’s food, did not pay the amount of food equivalent to KRW 27,00,000, including soup, and did not pay the amount of money.

around 14:45 on February 18, 2016, the Defendant: “H” restaurant working for the victim G on the second floor of Yangcheon-gu Seoul, Seoul, and acquired a substantial pecuniary benefit in that amount due to the failure to pay the amount, despite the absence of the intent or ability to pay the amount of food, by deceiving the victim by means of ordering the victim’s food, and by ordering the victim’s food, by deceiving the victim, and by taking food of an amount equivalent to KRW 17,800, including one food box at the time of the loss from the victim’s food, and by failing to pay the amount.

Summary of Evidence

1. Each legal statement of witness G and D;

1. Application of the respective laws and regulations of G and D

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines (the type of punishment shall be determined on the basis of the sum of gains in case of concurrent crimes of general fraud) / [the types of determination] below the amount below 100 million won in general fraud [the area of recommendation and the scope of recommended punishment] and the basic area of the punishment [the scope of recommended punishment], six months from six months to one year and six months;

3. The Defendant, from the end of 2015 to the date of detention, was arrested and detained in the instant case.