beta
(영문) 전주지방법원 2015.10.22 2015고단949

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

"2015 Highest 949"

1. On April 25, 2015, around 18:00 on April 25, 2015, the Defendant ordered food, such as sugar land, although he/she did not have the intent or ability to pay the price in E restaurant operated by the victim D in Ysan-gu, Jeonsan-si, the Defendant acquired the total amount of KRW 14,00,00 from D and acquired it by deception.

2. At around 18:00 on May 5, 2015, the Defendant ordered beer, etc., who did not have the intent or ability to pay the price at the “H’s main point of the operation of the Victim G in Full-gu, Y, Y, Y, and received the sum of KRW 36,00,000 from G, and acquired it by deception.

"2015 Highest 1145"

1. On May 31, 2015, the Defendant: (a) around 1:17, at the main point of “K” in the operation of the victim J, which was located in Seojin-gu, Seojin-gu; (b) even if the Defendant was unable to pay the price even if he was provided with any money in fact due to the lack of intent or ability to pay the price; and (c) ordered the payment; and (d) the Defendant acquired pecuniary benefits equivalent to the same amount in the manner of not paying the price by being provided with alcohol such as Bodrid 2,00 won, and Mad 2,000 won from the victim.

2. At around 0:25 on May 31, 2015, the Defendant acquired financial benefits equivalent to the same amount in the way of not paying the amount, even if he was provided with food due to the lack of any money in fact, as if he did not have any intent or ability to pay the amount, and ordered food. The Defendant ordered food, which is equivalent to KRW 24,00,000, by being provided with 1 disease, 1 disease, 1 disease, 1 disease, and breath of drinking water in the form of food, which is equivalent to KRW 24,00.

Summary of Evidence

"2015 Highest 949"

1. Defendant's legal statement;

1. The police statement concerning G;

1. The written statement of D "2015 Highest 1145";

1. Defendant's legal statement;

1. Each police statement of J and M;

1. Application of the respective Acts and subordinate statutes of receipts.