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(영문) 서울중앙지방법원 2018.12.20 2018고단7116

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On October 12, 2018, the Defendant, at around 19:00, committed as if he would pay the price at a “D” restaurant operated by the victim C in the Dongjak-gu Seoul Metropolitan Government B market, and ordered the said victim to drink, food, etc.

However, in fact, the defendant did not have cash, and there was no balance, so even if he received alcohol and food from the injured party, there was no intention or ability to pay the price.

Nevertheless, the Defendant, as such, by deceiving the victim, provided the victim with alcohol and alcohol equivalent to the total amount of KRW 312,000,000, which is equivalent to the market price of KRW 230,000, and the amount of KRW 16,00,00, and KRW 4,00, respectively.

B. On October 13, 2018, around 10:30 on October 13, 2018, the Defendant issued an order for alcohol, food, etc. to the said victim while doing so as to pay the price to the victim as stated in the above paragraph (a).

However, in fact, the defendant did not have cash, and there was no balance, so even if he received alcohol and food from the injured party, there was no intention or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim, was provided with alcohol, food, etc. equivalent to KRW 41,00,000, in total to the sum of KRW 15,000 and KRW 12,00,00 of the market price, and KRW 33,00,00.

(c)

around 21:00 on October 18, 2018, the Defendant: (a) committed an act as if the Defendant would pay the price at the “Gsing shop” operated by the Victim F in Dongjak-gu Seoul Metropolitan Government E; (b) ordered the said Victim to provide alcohol, food, etc.

However, in fact, the defendant did not have cash, and there was no balance, so even if he received alcohol and food from the injured party, there was no intention or ability to pay the price.

Nevertheless, the defendant is the victim.