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(영문) 서울북부지방법원 2020.09.25 2020고단1216

사기등

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On August 10, 2018, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Northern District Court, and completed the execution of the sentence on April 6, 2019.

【Criminal Facts】 【20 Man-Ma1216】

1. On December 26, 2020, around 12:44, the fraud Defendant sent the same attitude that the victim C should pay the food value to the “D” restaurant operated by the victim C in Seoul Special Metropolitan City, Nowon-gu, and ordered the victim to provide alcohol.

However, even if the defendant orders food, he did not have the intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, was delivered from the victim one of the parties to the lawsuit amounting to the sum of KRW 4,000, the market value of which was 4,00.

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

2. The Defendant: (a) expressed the victim C who demanded the payment of the drinking value at the time and place indicated in paragraph 1; and (b) expressed the victim C who demanded the payment of the drinking value on the floor; (c) avoided the disturbance, such as spitation of spits, etc. on the floor; and (d) prevented customers in the place from leaving a restaurant or entering the place.

Accordingly, the Defendant interfered with the restaurant business of the victim for about five minutes by force.

around 15:00 on May 20, 2020, the Defendant sent the same attitude that the food value should be paid normally at the “G” restaurant operated by the victim F in Seoul Special Metropolitan City, Nowon-gu, and ordered food to the victim.

However, even if the defendant orders food, he did not have the intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received food equivalent to KRW 20,000 in total of market prices, such as sugar and spawn, from the victim.

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

Summary of Evidence

Criminal history records, etc., and investigation reports (recognating and verifying repeated crimes) shall be 1.33 20 high-level 1216.