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(영문) 서울남부지방법원 2018.11.15 2018고단4767
절도등
Text

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

Reasons

Punishment of the crime

[criminal records] On July 7, 2016, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud, etc. at the Suwon District Court, and on November 30, 2017, the Defendant was sentenced to two months of imprisonment for a crime of violation of the Administration and Treatment of Correctional Institution Inmates Act at the Seocheon Branch of the Gwangju District Court, and on April 12, 2018, was sentenced to six months of imprisonment for a crime of fraud at the Seoul Southern District Court. On July 27, 2018, the Defendant completed the execution of the sentence at the Ansan Prison.

[2] On September 11, 2018, the Defendant: (a) around September 19:30, 2018, the Defendant: (b) up to KRW 80,000 in cash owned by the victim E; (c) KRW 1 resident registration certificate; and (d) KRW 450,00 in cash stored in the store located in “D” store located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul; and (d) KRW 20,00 in cash stored in the store.

They go back.

Accordingly, the defendant stolen the victim's property.

On August 6, 2018, the Defendant: “I” restaurant managed by the victim H of the victim H in Suwon-gu, Suwon-si around 18:00 on August 6, 2018; the Defendant, even if ordering alcohol and food, had the same attitude to pay the price in a normal manner, regardless of the victim’s intent or ability to pay the price; and the Defendant ordered the victim to drink and food, and had the victim pay the price in a normal manner; and then, the Defendant received the 7,000 won of the market price from the damaged person and acquired pecuniary benefits equivalent to the 77,000 won of the market price.

On September 3, 2018, the Defendant received food and alcoholic beverages equivalent to the sum of KRW 32,000 in the sum of KRW 5 Byung-ju, 5 Byung-ri, 1,00, 1,000, by deceiving the victim as if he did not have any intent or ability to pay the price even if he did not have any money in his possession and orders for food, etc., even if he did not have any intention or ability to pay the price.

Accordingly, the defendant was given property by deceiving the victim.

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