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(영문) 서울중앙지방법원 2019.06.24 2019고합426

사기등

Text

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On August 31, 2018, the Seoul Central District Court sentenced the Defendant to four months of imprisonment for fraud, etc., and completed the execution of the above sentence on October 10, 2018 at the Seoul Detention Center.

【Criminal Facts】

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to the on-site illness:

1. On November 21, 2018, around 23:25, the Defendant: (a) committed a “D” restaurant working for the victim C in Jongno-gu Seoul Metropolitan Government; and (b) ordered the victim to provide alcohol, food, etc., as if he would pay the price.

However, as the defendant did not have cash, there was no intention or ability to pay the price even if he was provided with alcohol and food from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with alcohol and food equivalent to KRW 12,00,000 as a total of 12,00,000, i.e., 4,000, market price of which was 4,000.

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

2. Business obstruction and the Defendant at the time and place described in the preceding paragraph, and the victim demanded payment of alcohol and food values to the Defendant, which caused him/her to fall off from the bottom of the camera operator, which was installed in the above restaurant operator by drinking, and caused him/her to fall off from the bottom of the camera operator, and caused two fingers to fall off the face of the victim.

Accordingly, the Defendant assaulted the victim and interfered with the victim's restaurant business by force at the same time.

[Facts causing medical treatment and custody] The Defendant committed a crime corresponding to the above imprisonment without prison labor or heavier punishment in a state that he/she lacks the ability to discern things or make decisions due to his/her on-site illness, and needs to receive medical treatment at a medical treatment and custody facility, and re-offending.