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(영문) 제주지방법원 2015.10.29 2015고단1182

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Highest 1182]

1. On August 17, 2015, the Defendant: (a) around 08:40 on August 17, 2015, in the “E” of the victim C’s operation in Jeju-si, the Defendant: (b) took the attitude that the victim would pay the drinking value to C; (c) did not have the intent or ability to pay the drinking value; and (d) ordered the victim to pay the drinking value.

Accordingly, the defendant was provided with 11,500 won, such as a single fry and so on from the victim, and acquired it by fraud.

2. On August 17, 2015, the Defendant: (a) around August 17, 2015, in the “H” of the victim F’s operation in Jeju-si, Jeju-si; (b) took the attitude that the Defendant, despite the victim’s intent or ability to pay the alcohol value, appears to have paid the alcohol value properly to the victim; and (c) ordered the victim to pay the alcohol value.

Accordingly, the defendant was provided with 26,00 won, such as luminous fry and fry, from the victim, and acquired it by fraud.

[2015 Highest 1359] On December 12, 2015, the Defendant 1st century, 02:20 on July 12, 2015, as the Defendant would pay the food value in the “K operated by the victim JJ” in Ulsan-gu I-2 (1st floor).

However, the Defendant did not have a cash or other means of payment during the period of time, and there was no intention or ability to settle the price even if he received orders for food as above.

After all, the Defendant acquired property benefits equivalent to 13,000 won by deceiving the victim.

[2015 Highest 1360] On March 17, 2015, the Defendant potableed the “N” restaurant of the victim M management “N” on the second floor L L in Ulsan Jung-gu, Ulsan-gu, as the Defendant would pay the food value.

However, as the Defendant did not have the means of payment such as cash during the time, there was no intention or ability to settle the price even if he received an order for food as above.

After all, the defendant deceivings the victim, that is, the sum of 21,000 won from the victim.