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(영문) 서울서부지방법원 2019.01.18 2018고단3104

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 22, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for the purpose of destroying the main building and fire at the Seoul Western District Court, which was sentenced to a suspended sentence of three years on April 22, 2016, and was sentenced to six months for fraud at the Seoul Western District Court, on September 2, 2016, and the said suspended sentence became final and conclusive on September 2, 2016, and the execution of each of the said suspended sentence was completed on March 10, 2018.

around August 7, 2018, the Defendant ordered the “D” restaurant operated by the victim C on the first floor of Yongsan-gu Seoul Metropolitan Government building B, and as if the victim would pay the price normally to the victim, around August 7, 2018.

However, the defendant did not have the intention or ability to pay the cost normally even if he received meals from the victim because there is no means of cash, credit card or other means of payment.

The defendant deceivings the victim as such, and acquired it by deceiving the victim after being provided with a studio stude in an amount of 27,000 won in total from the victim.

around 13:30 on July 8, 2018, the Defendant, “2018 Godan3273,” committed as if he had the ability to pay the food value in the restaurant “G” operated by the victim F in Yongsan-gu Seoul, Yongsan-gu, Seoul, and ordered the victim to have piling up pots and jus.

However, the defendant did not have money at the time, and there was no intention or ability to pay the food value.

Nevertheless, the Defendant, by deceiving the victim as above, obtained the victim with 12,00 won a total of 12,00 won and 1 disease per share from the victim and acquired them by deception.

around September 21, 2018, the Defendant ordered the “J” restaurant operated by the victim I located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to provide meals, etc. as if the victim would pay the amount normally.

However, the defendant does not have any means of payment such as cash or credit card.