A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

At around 17:30 on December 9, 2017, the Defendant, at the “D” restaurant for the victim C’s operation in the official city B, and at the account linked to the physical card held without cash at the time, there was no deposit of less than 10,000 won, and thus, even if an order was issued, he/she did not have the intent or ability to pay the price. However, as if an ordinary settlement was made, the Defendant, while making a false statement to the victim as if he/she would normally settle the price, acquired pecuniary benefits equivalent to the amount of KRW 24,00,00 in total at the market price, on the ground that he/she did not pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the receipt statute

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable to the reasons for sentencing): The instant crime was committed again despite the fact that there are many different criminal convictions.

The amount of fraud is a small amount.

The victim does not want punishment by agreement.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.