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(영문) 수원지방법원 2014.12.10 2014고단3986

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On June 27, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on December 5, 2012 at the Sungsung Vocational Training Correctional Institution. On July 24, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court for fraud, and the judgment on November 25, 2014 became final and conclusive.

[2014 Highest 3986]

1. Around 11:00 on May 23, 2014, the Defendant ordered food to the victim while working as if the victim D would pay the amount normally, at the E-cafeteria operated by the victim D in Jinju-si, and ordered food to the victim.

However, the defendant did not have money, and there was no intention or ability to pay food to the victim from the beginning.

The Defendant, by deceiving the victim as such, was provided food equivalent to 19,00 won in total at the market price, such as making a bath, etc. from the victim.

2. The Defendant, at the same time, at a place as referred to in the preceding paragraph, was rejected after asking the victim whether he/she would be able to take a restaurant entertainment job. The Defendant interfered with the Defendant’s restaurant business by force for about one hour and twenty minutes, such as having the customer, who had her meals out of the place by avoiding disturbance, such as taking a bath, and having the customer who had her meals out of the place, etc.

[2014 Highest 5843] On May 29, 2014, the Defendant ordered food to the victim while working in the “H” restaurant of the victim G operation in J in J in Jinju-si, as if the Defendant would pay the amount normally.

However, the defendant did not have money, and there was no intention or ability to pay food to the victim from the beginning.

The Defendant, by deceiving the victim, was provided with alcohol and food equivalent to 39,000 won in total at the market price by deceiving the victim.

Summary of Evidence

[2014 Highest 3986]

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Summary receipt [2014 Highest 5843] 1.