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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 14, 2018, the Defendant issued an order for alcohol and food as if the victim would normally pay the alcohol value to the victim at around 00:14 on July 14, 2018, at the point of “E” of the victim D’s operation in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu. However, the Defendant did not have the intent or ability to pay the price normally even if the victim received food, etc. from the victim due to the lack of cash or credit card, etc. available at the time.

The Defendant, as such, by deceiving the victim, received from the victim, the delivery of beer and 4 sick, whose total market value is equivalent to 50,000 won, and beer, etc. from the victim.

"2018 Highest 2133"

1. On July 21, 2018, the Defendant: (a) at the point of “H” of the victim G management “H” located in Seongbuk-gu, Manam-si; (b) had no intent or ability to pay the value of actual alcohol; (c) had the victim induced the victim by using the method of drinking and eating orders; and (d) had the victim received the payment of beer and beer equivalent to the total market value of KRW 105,00,000 from the damaged person.

2. On August 25, 2018, the Defendant, at around 04:20 on August 25, 2018, by deceiving the victim through the following methods: “K Singing room” operated by the Victim J, which is located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu; the Defendant, despite having no intent or ability to pay the value of the fact, was made as if the victim would be paid a normal price; and the Defendant was paid a beer, etc. totaling KRW 140,00 from the victim’s market price

Summary of Evidence

"2018 Highest 1765"

1. Statement by the defendant in court;

1. Written statements of D;

1. "A investigative report, a drinking-value receipt, a field photograph, and an investigation report (victim D's statement)": 2018 Gool 2133;

1. Statement by the defendant in court;

1. Written statements of J and G;

1. Application of each on-site photograph and each receipt statute;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;