Restaurant ‘eat-and-run’ on the rise… We must compensate for the damage through thorough response.

An incident that occurred at a restaurant recently became a hot topic among netizens. Two people who appeared to be lovers left without paying after ordering food such as sweet and sour pork and dandan noodles. The store owner, who reported the damage on an Internet bulletin board, expressed his anger, saying that although he had reported it to the police, he had not yet caught the culprit.

The number of so-called 'scam' incidents is steadily increasing. According to statistics from the National Police Agency, the number of reports of drunken driving and free riding last year was 120,818, breaking the highest number in the past 10 years. This year, a total of 63,729 reports were counted as of June, which is expected to be similar to or increase from the previous year.

Non-smoking refers to the act of eating food sold at a store or restaurant and then not paying for it. In general, under the Misdemeanor Punishment Act, a fine of less than 100,000 won, detention, or minor fine is imposed. This applies to cases where you mistakenly thought you had paid for food or forgot to pay for it. It also includes cases where the person is fully willing to pay, but realizes late that he or she is unable to pay, such as because he or she left his or her wallet behind or is short on cash.

However, if you did not intend to pay for the food from the beginning, you are subject to criminal punishment. This is a crime of fraud under the criminal law and can be punished by imprisonment for up to 10 years or a fine of up to 20 million won. However, except in cases where the damage is large or intentional or habitual, most cases are punished as misdemeanors.

If you have suffered damage due to a radio incident, it is most important to secure CCTV footage first. Also, it is best to leave used items or dishes as is without moving or washing them. This is because if the scene is preserved, the effort required to collect evidence can be reduced and the case can be resolved faster.

Once the culprit is arrested, it is up to you to decide whether to reimburse the damage and reach an agreement. If an agreement is not reached or the amount of damage is large and additional business losses occur, you can file a claim for damages through a civil lawsuit.

If a store owner wants to be punished criminally, he or she must secure evidence to prove the most important ‘intention.’ With the help of experts, efforts should be made to explain the circumstances of the damage and identify the cause of liability based on evidence such as CCTV footage and statements from witnesses nearby. If intent is proven, punishment for fraud becomes possible.

Conversely, you may accidentally commit an act of drunkenness. In this case, it is impossible to explain the crime simply by emphasizing the injustice. You must establish a strategy to avoid criminal punishment and lower the settlement amount as much as possible by demonstrating your ability and intention to pay based on objective data such as bank accounts or statements from people around you. Therefore, even in this case, it is important to come up with an effective response plan through consultation with experts.

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