beta
(영문) 인천지방법원 2020.07.22 2020고단3872

사기

Text

A person shall be punished by imprisonment with prison labor for not more than two months and by imprisonment for not more than two months with prison labor for the crimes of No. 2 and No. 3 of the judgment.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to imprisonment of 6 months and a fine of 500,000 won in the Incheon District Court for fraud, etc. and the judgment became final and conclusive on February 13, 2016.

On October 27, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence on March 12, 2018. On April 4, 2018, the Incheon District Court sentenced two months of imprisonment for fraud and completed the enforcement of the sentence on May 12, 2018.

1. 2015. 7. 31.경 범행 피고인은 2015. 7. 31. 16:40경 인천 부평구 AA에 있는 피해자 AB가 운영하는 ‘AC 식당’에서, 피해자에게 쭈꾸미볶음 1인분, 똥집 1인분, 막걸리 2병을 주문하였으나, 사실 피고인은 당시 돈이 없었으므로 피해자에게 그 대금을 지급할 의사나 능력이 없었다.

그럼에도 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 즉석에서 시가 합계 33,000원 상당의 쭈꾸미 볶음 1인분, 똥집 1인분, 막걸리 2병을 제공받고도 그 대금을 지급하지 아니하여 동액 상당의 재산상의 이익을 취득하였다.

2. From the “AF” operated by the Victim AE in Seo-gu Incheon, Seo-gu, Incheon, around 10:00 on November 201, 2019, the Defendant ordered the victim to bear one-person portion of sugar and one-child disease, but the Defendant did not have any money at the time, so the Defendant did not have any intent or ability to pay the amount to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay the victim a total of KRW 10,500,00 in the market value, and did not pay the price to the victim, and acquired the pecuniary benefits equivalent to the same amount.

3. Around November 22, 2019, the Defendant ordered the victim to bear a charge at the same place as indicated in paragraph (2) around 07:00 on November 22, 2019, but the Defendant did not have the intent or ability to pay the charge to the victim, given that there was no money at the time.