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(영문) 서울동부지방법원 2014.05.22 2014고단101

공갈등

Text

Defendant is punished by imprisonment with prison labor for two months and imprisonment with prison labor for the remaining crimes on October 19, 2013, respectively.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant was sentenced to five months of imprisonment for fraud, etc. at the Seoul Eastern District Court; on September 16, 2010, the Defendant was sentenced to seven months of imprisonment for fraud, etc. at the same court; on September 2, 2011, on September 2, 2011, the execution of the sentence was terminated at the Sungsung Vocational Training Prison. On December 20, 2012, the same court was sentenced to four months of imprisonment for fraud (the revocation of detention at the Seongdong-gu District Court on December 20, 2012) and the said judgment became final and conclusive on December 28, 2012. On May 23, 2013, the said court was sentenced to six months of imprisonment for fraud (the revocation of detention in Seongdong-gu District on October 10, 2013).

[2014 Highest 101]

1. On October 19, 2013, at around 22:00 on October 19, 2013, the criminal defendant against the victim C expressed an attitude that he/she would normally pay the drinking value by ordering alcohol, alcohol, etc. at the “E” main point operated by the victim C in Gwangjin-gu Seoul Special Metropolitan City.

However, the defendant did not have the intention or ability to pay the drinking value.

The Defendant, as such, by deceiving the victim, was given the victim a total of KRW 600,000,000 from the victim, and the Defendant was given a major share of KRW 3.00,000.

2. On November 1, 2013, at around 03:00 on November 1, 201, the Defendant, against the victim C, sent the victim C an attitude of ordering beer and beer, etc. and paying the normal drinking value.

However, the defendant did not have the intention or ability to pay the drinking value.

As such, the Defendant, by deceiving the victim, obtained food and drink equivalent to the sum of KRW 100,00 from the victim and acquired it by deception.

3. Around 03:00 on November 5, 2013, the Defendant, at the point of “H” operated by the Victim F in Gwangjin-gu Seoul Special Metropolitan City, sent a view that he would normally pay the alcohol value by ordering alcohol, alcohol, etc.

However, the defendant did not have the intention or ability to pay the drinking value.

The defendant deceivings the victim and is under his control.