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(영문) 서울중앙지방법원 2020.09.10 2020고단2954

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

On May 1, 2020, the Defendant: (a) around 19:52 on May 1, 2020, at the “D” restaurant operated by the Victim C in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) as if he did not have an intent or ability to pay food value, he would pay food value, he/she ordered the victim to provide alcohol and alcohol to the victim; and (c) he/she did not pay food value to one person per share per share of the total market value of 20,00 won.

"200 Highest 3159"

1. On April 28, 2020, around 19:50 on April 28, 2020, the Defendant: (a) cut off the victim F’s “G” operation in Dongjak-gu Seoul Metropolitan Government; (b) around the restaurant, the victim’s market value displayed for advertising products, which is equivalent to KRW 30,000, placed in the victim’s possession.

2. Around 21:00 on April 28, 2020, the Defendant was provided with alcoholic beverages and food equivalent to KRW 45,000 in total, including a small-scale 1 franchi, a total of 3 smells, and a total of 45,000, when the Defendant was able to pay for the completion at the “J” restaurant operated by the victim I in Dongjak-gu Seoul Metropolitan Government, as if he had the intent or ability to pay the completion amount.

However, the defendant did not have any means of settlement such as credit cards or adequate cash at the time, and received basic living cost without certain occupation or income, and there was no intention or ability to pay the price even if he was provided with alcoholic beverages and food.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay the alcohol and food equivalent to KRW 45,00,000 from the victim, thereby acquiring economic benefits equivalent to the same amount.

around 21:15 on April 27, 2020, the Defendant ordered food at the Seocho-gu Seoul Metropolitan Government K and the first floor distribution store, and even if he did not have the ability to pay food value, the Defendant is equivalent to 18,000 won at the market price to the victim M, notwithstanding the fact that he did not have the ability to pay food value.