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(영문) 의정부지방법원 2020.10.28 2020고단1690
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 28, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the District Court of Jung-gu on February 28, 2019, and the execution of the sentence was terminated on July 25, 2019.

Punishment of the crime

At around 20:00 on March 25, 2020, the Defendant ordered that the Defendant would normally pay the amount under the “D operated by the injured Party C” in Guri-si B, Guri-si, as if he would pay the amount under the normal conditions.

However, in fact, the defendant did not have any particular property or monthly income at the time, did not possess cash, and did not have the balance of the debit card account, so the defendant did not have any intent or ability to pay the price even if he orders the alcoholic beverage and the share.

Nevertheless, the Defendant, as seen above, by deceiving the victim, was provided with the sum of 22,00,000 won, including 3 Macju and 1 Macju, etc. from the victim, and acquired it by deception.

around 00:00 on April 3, 2020, the Defendant issued an order for alcohol and food as if he would pay the normal price to H, an employee, from the “G operated by the victim F in E at the Namyang-si of the Gyeonggi-do.”

However, the defendant did not have the intent or ability to pay the price even if he received alcoholic beverages and food from H, such as not possessing the means of payment such as cash or credit card at the time.

Nevertheless, the Defendant, as seen above, by deceiving H, received two diseases, etc. in total amounting to KRW 18,00,000 from H, and obtained two diseases, etc. from H, and acquired them by deception by being provided with alcohol and food equivalent to KRW 87,00 in total amount of the market price from around 00:0 on April 3, 2020 to 17:52 on the same day as indicated in the attached list of crimes.

On March 24, 2020, the Defendant of the 2020 Man-Ma3711, the fact at the “K” main point operated by the Victim J in Guri-si, Guri-si, on March 24, 2020, is an intention to pay the amount even if the Defendant received food, alcoholic beverages, etc. from the victim.

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