A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Attachment] On March 27, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Seoul East Eastern District Court, and on June 19, 2014, the same court sentenced four months of imprisonment with prison labor for fraud, etc. and completed the execution of the sentence in the Daejeon Prison on May 13, 2015.

[2015 Highest 4519]

1. On July 21, 2015, around 08:00 on July 21, 2015, the Defendant affected the structure of the victim, entering the restaurant operated by the victim D in Seocho-gu Seoul Metropolitan Government, and entering the restaurant through an open entrance to steals the property, thereby impairing the victim’s structure.

2. The Defendant thief cited one cell phone and one single card and stolen a gallon in the galloning 300,000 won of the market value of the above victim D, which is placed on the table at the time and place set forth in paragraph (1).

3. On July 24, 2015, the Defendant, around 00:30 on July 24, 2015, committed as if he/she would pay food value in a “H” restaurant operated by the victim G in Dongjak-gu Seoul Metropolitan Government F, and had the victim drink food equivalent to KRW 15,000 in total, including one yellowdo and one disease, etc.

However, there was no intention or ability to pay the food value.

The Defendant, by deceiving the victim as such, received food equivalent to 15,00 won in total from the market value from the victim, that is, the Defendant acquired economic benefits equivalent to the same amount.

[2015 Highest 4946]

4. On July 23, 2015, the Defendant committed a crime as if he would pay the food value in the “J” restaurant operated by the victim I in Seocho-gu Seoul, Seocho-gu, Seoul, on July 23, 2015, at around 01:40, with food equivalent to the sum of KRW 74,000, such as 1 disease of the above restaurant and 1 disease of the Hang-gu, etc., the Defendant did not have any intent or ability to pay the food value. However, the Defendant did not have any intent or ability to pay the food value.

As such, the Defendant deceiving K, who is an employee of the victim, was provided with food equivalent to KRW 74,00,00 in total market value from the above K, i.e., monetary benefits equivalent to the same amount.