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(영문) 의정부지방법원 2015.10.16 2015고단27

사기등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On August 8, 2014, the Defendant: (a) around 19:10 on August 8, 2014, at “E” restaurant of the victim D operation in Yangyang-si, Namyang-si; and (b) at the time, there was no valid means of settlement, such as cash or credit card in possession at the time, and thus, even if he was supplied with food from the victim, the Defendant was placed as if he would have paid the food value despite having no intent or ability to pay the food value; and (c) ordered one unit, two calendars, etc.; and (d) the Defendant was provided with food equivalent to KRW 13,500 on the spot by the victim.

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

B. On October 10, 2014, the Defendant: (a) around 04:20 on October 10, 2014, at the “H” restaurant for the operation of the Victim G management in the Namyang-si, Namyang-si; and (b) on fact, even if the Defendant did not have any effective means of payment, such as cash or credit card in possession at the time, and was provided with food from the victim, the Defendant was ordered to call for the land conference, subcontractor, etc., and was provided with food equivalent to KRW 16,00 on the job by the victim, even if he did not have the intent or ability to pay the price, and was not provided with food.

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

C. On November 6, 2014, the Defendant: (a) around 20:10 on November 6, 2014, at the “K” restaurant operated by the Victim J in Nam-do, Nam-si, Gyeonggi-do; and (b) on fact, even if the Defendant had no effective means of payment, such as cash or credit card in possession at the time, and had no intent or ability to pay the amount of food, it was committed as if he would pay the amount of food despite having not been provided with food from the victim; and (c) ordered 22,00 won of food from the victim’s place of such order and received food from the victim.

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

2. On October 8, 2014, from around 05:30 to 06:00, the Defendant interfered with the business at the “N” restaurant for the operation of the victim M in the Namyang-si L in Gyeonggi-do.