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(영문) 서울남부지방법원 2017.02.03 2016고단5475

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On March 11, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Incheon District Court on April 21, 2016, and completed the execution of the sentence at the Gwangju Prison.

[2] On November 9, 2016, the Defendant: (a) at the point of “E” operated by the Victim D, located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, around November 22:30, 2016; (b) there was no money at the time; (c) there was no intention or ability to pay the drinking value; and (d) there was no intent or ability to repay the said value even if the Defendant borrowed money.

Nevertheless, the Defendant ordered the victim to pay the drinking value as if he would pay the drinking value, and received two weeks of alcoholic beverages from the injured party, i.e., alcohol from the injured party, and did not pay the drinking value, thereby acquiring property benefits equivalent to KRW 400,000.

In addition, the defendant would make a difference between 100,000 won and 100,000 won. When calculating the liquor value, it would be paid by card.

“A false statement was received from the injured party, i.e., KRW 100,00 from the seat.”

"2017 Highest 18"

1. On September 30, 2016, the Defendant: (a) around 03:15, at the main point of “H” operated by the Victim G in Busan-si; (b) there was no money at the time; (c) there was no intent or ability to pay the alcohol value; and (d) despite no intent or ability to pay the full payment even if having borrowed money, the Defendant ordered the victim’s drinking and the alcohol as if he would have paid the alcohol value; and (c) the Defendant received from the victim the alcohol and the alcohol from the victim, namely, by being provided three parallel weeks of each share of alcohol, and did not pay the alcohol value; and (d) acquired the pecuniary benefit equivalent to KRW 8.50,00,00.

In addition, the defendant extended cash to female employees because he want to give a statement to them. When calculating the liquor value, he will pay it by card.

“A false statement was received from the injured party, i.e., KRW 150,00 from the seat.”

2. On October 3, 2016, the Defendant: (a) Non-Sincheon-si around 22:00.