Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[2014 High 1565] The defendant did not have the intention or ability to pay the food cost even if he had drinking and food.

Nevertheless, at around 13:00 on November 6, 2013, the Defendant: (a) committed an act as if the Defendant would pay the victim J the alcohol value, etc.; and (b) thereafter, from then to 22:00, the Defendant acquired the same amount of pecuniary benefits in the way of drinking and eating a total of KRW 199,800 won, including 19,00,000, such as 13:00 alcoholic beverages and foodstuffs, juju 35 bottles, 2 residues, franc juries, franc, 2 residues, 2 residues, 1 set-up, cry, and 1 set-up, and 22:00.

[2014 Fixed 2330] The defendant did not have the intention or ability to pay the food cost even if he did so after drinking alcohol and food.

Nevertheless, at around 05:00 on November 9, 2013, the Defendant was engaged in as if he would pay the drinking value, etc. to the victim M who is a business owner in the Lnonoby club located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and ordered beer and beer, etc., and the Defendant received from the victim the sum of KRW 1 disease, KRW 5 disease, beverage water, KRW 5,000, and KRW 290,000, and acquired the same amount of monetary benefits by not paying the food cost.

Summary of Evidence

[2014 High Court Decision 1565]

1. Defendant's legal statement;

1. Statement made by the police with J (2014 high-level 2330);

1. Defendant's legal statement;

1. Written statements;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;