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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On June 24, 2015, at around 21:00, the Defendant ordered the victim E, who is a restaurant operator, to pay the food value despite having no intention or ability to pay the food value, the Defendant issued an order for one friger, one frh, one frh, one frh, and one frhnhn frhnh, and the frhnhn frhnhn frhnh, which was obtained from the victim E, for food and alcohol equivalent to 12,00 won in total.
2. On July 2, 2015, around 14:00 on July 2, 2015, the Defendant ordered H, an employee of the restaurant, a restaurant, to be able to pay the food value despite having no intention or ability to pay the food value, and obtained food and drink equivalent to 21,000 won in total from the victim I who is the restaurant operator.
3. On July 9, 2015, around 18:35, the Defendant issued an order to a victim L who is a restaurant operator, as if he/she had no intent or ability to pay the food value, to pay the food value, on July 9, 2015, on the part of the Defendant committed the crime of July 18:35, 2015, he/she acquired food and drink equivalent to the total amount of KRW 62,00,000 from L by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of a victim of L, E, and H;
1. A receipt (K cafeteria), a receipt (D cafeteria), a receipt (G cafeteria);
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is a concurrent crime of the same type (6 to 16 months) in the basic area (6 to 100 million months) of types 1 of general fraud (the scope of recommending punishment is less than KRW 100 million). Thus, the amount of profit should be added up (the person who is a special mitigation). In the event of repeated crimes over a considerable period of time, the defendant is under suspension of execution.