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(영문) 전주지방법원 2013.07.18 2013고단1048

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Eastern District Court, and completed the execution of the sentence on September 30, 2012.

[2013 Highest 1048] The defendant had no intention or ability to pay the price even if he/she lives in a restaurant or a drinking house after having been released from the prison, because he/she had no intention or ability to pay the price, even if he/she has received an order for drinking and food.

1. At around 18:00 on February 16, 2013, the Defendant received an order from the victim for alcohol and food equivalent to KRW 101,00,00 in total, including 1 disease, 1 disease, 1 disease, 1 disease, and 10,000, from the victim at the 'E' restaurant operated by the victim D of the Yansan-gu Seoul Special Metropolitan City.

2. Around 03:00 on February 17, 2013, the Defendant received an order from the victim for alcohol and food equivalent to KRW 155,000,00 in the 'H’ restaurant operated by F Victim G in Y-gu in Yan-si, Jeonju-si.

As such, the Defendant provided a total sum of KRW 256,00,00, and acquired the alcohol, alcohol, meals, etc. through two times.

[2013 Highest 1457]

3. On May 23, 2013, the Defendant sent the same attitude to pay the drinking value at the point of K, which is operated by the injured party J of the victim J in Tonsan-si, Jeonju-si. On May 23, 2013, the Defendant ordered the Defendant to hold one of the two-way colons equivalent to the market price of KRW 450,000, the market price of which is 300,000.

However, the defendant did not have the intention or ability to pay the drinking value, etc. to the victim.

In other words, the Defendant was provided with the two shares equivalent to 750,000 won in the market value from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

[2013 Highest 1475]

4. On April 13, 2013, the Defendant: (a) around 20:30 on Apr. 13, 2013, the Defendant did not have the intent or ability to pay the alcohol value to the victim M with the full-time driver L, which is operated by the victim M.; and (b) on fact, the Defendant did not have the intent or ability to pay the alcohol value to the victim properly.