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(영문) 서울중앙지방법원 2019.06.21 2019고단162

사기등

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of KRW 500,00.

The defendant does not pay the above fine.

Reasons

Criminal facts

On January 31, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on September 24, 2018.

[2] At around 22:00 on December 20, 2018, the Defendant issued an order for alcohol and alcohol to “D” entertainment bars operated by the victim C in Gwanak-gu, Seoul Special Metropolitan City, as if they would pay the normal drinking value, and one person was allowed to sit with a entertainment loan.

However, in fact, the defendant did not have any means to pay the drinking value, such as cash, card, etc., and even if he was provided with alcohol, alcohol, etc. from the victim, he did not have any intent or ability to pay the price.

The Defendant was provided by the victim with an amount equivalent to KRW 810,00,00 in total, such as entertainment services, two-way disease, and the Japan, and acquired and fraudulently acquired property and property profits equivalent to the same amount.

[2019 Highest863]

1. Fraud;

A. On November 24, 2018, the Defendant made a false statement to the effect that, around November 24, 2018, the Defendant would pay the “G” restaurant for the operation of the Victim F in Seocheon-si, Seocheon-si, Ma, and that, “the Defendant would pay the Victim the cost of drinking and food.”

However, even if the defendant was provided with alcohol and food from the victim, he did not have the intent or ability to pay the price to the victim.

피고인은 위와 같이 피해자를 기망하여 그 자리에서 피해자로부터 시가 합계 42,000원 상당의 꼼장어 2인분, 소주 4명을 교부받았다.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

B. On December 18, 2018, the Defendant committed the crime, at around 00:00 on December 18, 2018, the main point of the “J” in the operation of the victim I on the part of Suwon-si, Suwon-si, Suwon-si, the Defendant made a false statement to the effect that “the Defendant would pay the victim the price for alcohol and internal liquor.”

However, even if the defendant was provided with alcohol and alcohol from the victim, he did not have the intent or ability to pay the price to the victim.

The Defendant is as above.