Recently, the so-called ‘eat-and-run’ incident, in which people run away from restaurants without paying, has become a hot topic. Regardless of whether it is intentional or a minor mistake, drunkenness is a misdemeanor and can result in a fine of up to 100,000 won, detention, fines, etc., and in some cases, it can also be punished as fraud under the criminal law. Experts say that if the restaurant owner is caught by the police after reporting it, the excuse that it was a misunderstanding or mistake is unlikely to work.
◆Series of restaurant ‘eat-and-run’ incidents… “I thought I calculated it.”
When caught, most radio offenders often deny it and claim that they did not know. A representative example is the case of a couple in their 50s who committed a scam at a bar in Banghak-dong, Dobong-gu, Seoul, and excused themselves by saying, “I thought it was calculated.” The police collected fingerprints left on beer bottles, arrested them, and booked them on charges of fraud. Mr. Choi Hoon, the owner of the victim's bar, told this story on a radio station on the 12th and said, Of course I expected it, but it was very vain.
One store owner who was a victim of a scam even put a bounty on the person and went on a public search. On the 6th, two customers, estimated to be in their 20s or 30s, disappeared from a raw fish restaurant in Haeundae-gu, Busan after eating food worth 40,000 won, including soju and raw fish. The owner of the raw fish restaurant published the images of the two missing men on an Internet site and offered to give the informant a coupon worth 100,000 won. Police said they were investigating after the victim accused them of fraud.
A man who had been involved in ‘eating and running’ as many as 60 times in the past three months was also recently arrested. Daejeon Central Police Station announced on the 3rd that it had arrested Mr. A, in his 30s, on charges of habitually eating without a camera at a small restaurant (habitual fraud). Mr. A is accused of eating food at 62 restaurants in the Jung-gu area of Daejeon from last February until recently, then taking advantage of the owner's lack of supervision by entering the kitchen and running away without paying. He only targeted restaurants run by women in their 50s and 60s alone, and the damage was found to be about 1.3 million won.
◆Reimbursement of damages and fines… Even if you make excuses, it is difficult to avoid punishment.
According to Article 3 of the Misdemeanor Punishment Act, eating without a radio is subject to a fine of up to 100,000 won, detention, fines, etc. If the act of stealing a radio is habitual or is recognized as intentional, fraud may be applied under the criminal law. If the crime of fraud is applied, you can be imprisoned for up to 10 years or fined up to 20 million won.
Attorney Myeong-ah Lee (Roel Law Firm) said in a phone call with Segye Ilbo on the 13th, “I actually received the food and ate it with the intention of paying for the food, but I accidentally did not bring my wallet or paid by credit card without knowing that payment had been suspended.” “If the person intended to do so, there is no intention to defraud, so the crime of fraud is not established,” he explained. “However, ‘eating food sold by someone else and not paying the full price without a justifiable reason’ can be punished as a clear illegal act.” . He added, “If you repeatedly do not pay the full price or deceive the store owner and take advantage of it without any intention to pay from the beginning, you may be considered a fraud under the criminal law and punishable by imprisonment for up to 10 years or a fine of up to 20 million won.”
Attorney Lee said, “If you look at the ‘restaurant fraud case’ that has recently become a problem, only after it became public opinion are reasons such as ‘I thought someone else paid the bill.’” He added, “However, the restaurant’s billing method was a postpay system, and the person sitting in the room was He pointed out, “Considering that he left the restaurant without making such an effort, even though he was able to sufficiently check whether the payment was made, it appears that there was at least an unfulfilled intention to defraud.”
There is also criticism that although drunkenness is a crime that is closely related to daily life, the level of punishment is low and the likelihood of it leading to trial is low, so it does not receive much attention from the legal community.
Attorney Lee said, “Furthermore, despite the increasing number of restaurant owners whose business has suffered a major blow due to the prolonged COVID-19 pandemic, the level of punishment under the Misdemeanor Punishment Act is low and rarely leads to prosecution, raising awareness of the crime. “It appears that this is insufficient,” he said, adding, “I think a more stringent approach is needed, such as in the case of radio exploitation where the intent is strong and the amount of damage is large, it is considered a fraud rather than a misdemeanor.” He added, “From the perspective of the victim store owner, a civil claim is possible regardless of whether or not the wireless eater is recognized as criminal, so in this case, small claims court claims can be used.”
◆Series of restaurant ‘eat-and-run’ incidents… “I thought I calculated it.”
When caught, most radio offenders often deny it and claim that they did not know. A representative example is the case of a couple in their 50s who committed a scam at a bar in Banghak-dong, Dobong-gu, Seoul, and excused themselves by saying, “I thought it was calculated.” The police collected fingerprints left on beer bottles, arrested them, and booked them on charges of fraud. Mr. Choi Hoon, the owner of the victim's bar, told this story on a radio station on the 12th and said, Of course I expected it, but it was very vain.
One store owner who was a victim of a scam even put a bounty on the person and went on a public search. On the 6th, two customers, estimated to be in their 20s or 30s, disappeared from a raw fish restaurant in Haeundae-gu, Busan after eating food worth 40,000 won, including soju and raw fish. The owner of the raw fish restaurant published the images of the two missing men on an Internet site and offered to give the informant a coupon worth 100,000 won. Police said they were investigating after the victim accused them of fraud.
A man who had been involved in ‘eating and running’ as many as 60 times in the past three months was also recently arrested. Daejeon Central Police Station announced on the 3rd that it had arrested Mr. A, in his 30s, on charges of habitually eating without a camera at a small restaurant (habitual fraud). Mr. A is accused of eating food at 62 restaurants in the Jung-gu area of Daejeon from last February until recently, then taking advantage of the owner's lack of supervision by entering the kitchen and running away without paying. He only targeted restaurants run by women in their 50s and 60s alone, and the damage was found to be about 1.3 million won.
◆Reimbursement of damages and fines… Even if you make excuses, it is difficult to avoid punishment.
According to Article 3 of the Misdemeanor Punishment Act, eating without a radio is subject to a fine of up to 100,000 won, detention, fines, etc. If the act of stealing a radio is habitual or is recognized as intentional, fraud may be applied under the criminal law. If the crime of fraud is applied, you can be imprisoned for up to 10 years or fined up to 20 million won.
Attorney Myeong-ah Lee (Roel Law Firm) said in a phone call with Segye Ilbo on the 13th, “I actually received the food and ate it with the intention of paying for the food, but I accidentally did not bring my wallet or paid by credit card without knowing that payment had been suspended.” “If the person intended to do so, there is no intention to defraud, so the crime of fraud is not established,” he explained. “However, ‘eating food sold by someone else and not paying the full price without a justifiable reason’ can be punished as a clear illegal act.” . He added, “If you repeatedly do not pay the full price or deceive the store owner and take advantage of it without any intention to pay from the beginning, you may be considered a fraud under the criminal law and punishable by imprisonment for up to 10 years or a fine of up to 20 million won.”
Attorney Lee said, “If you look at the ‘restaurant fraud case’ that has recently become a problem, only after it became public opinion are reasons such as ‘I thought someone else paid the bill.’” He added, “However, the restaurant’s billing method was a postpay system, and the person sitting in the room was He pointed out, “Considering that he left the restaurant without making such an effort, even though he was able to sufficiently check whether the payment was made, it appears that there was at least an unfulfilled intention to defraud.”
There is also criticism that although drunkenness is a crime that is closely related to daily life, the level of punishment is low and the likelihood of it leading to trial is low, so it does not receive much attention from the legal community.
Attorney Lee said, “Furthermore, despite the increasing number of restaurant owners whose business has suffered a major blow due to the prolonged COVID-19 pandemic, the level of punishment under the Misdemeanor Punishment Act is low and rarely leads to prosecution, raising awareness of the crime. “It appears that this is insufficient,” he said, adding, “I think a more stringent approach is needed, such as in the case of radio exploitation where the intent is strong and the amount of damage is large, it is considered a fraud rather than a misdemeanor.” He added, “From the perspective of the victim store owner, a civil claim is possible regardless of whether or not the wireless eater is recognized as criminal, so in this case, small claims court claims can be used.”
