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(영문) 부산지방법원 2013.11.21 2013고단4104
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

[2013 Highest 4104]

1. On July 17, 2013, the Defendant: (a) around 23:00, at the “D” restaurant of the victim C’s operation located in Busan B, the Defendant ordered the victim’s food despite having no intent or ability to pay the food value even if having ordered the food; and (b) on the other hand, the Defendant did not receive from the victim three persons, namely, a total of 24,000 won, and one disease, and did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

[2013 Highest 4612]

2. On July 16, 2013, the Defendant: (a) around 16:00, at the “G” restaurant operated by the Victim F in Busan Metropolitan Government, and (b) notwithstanding that the Defendant did not have the intent or ability to pay the price even after ordering food, the Defendant ordered food to the victim; and (c) was ordered to do so by the victim; (d) the Defendant did not receive from the victim the f,00 won of the total amount of KRW 6,00,00, and did not pay the price.

[2013 Highest 5836]

3. On July 2, 2013, the Defendant: (a) around 21:50, at the “J” restaurant operated by the victim I located in Seo-gu Busan, Busan; and (b) despite the absence of the intent or ability to pay the food value even after ordering food, the Defendant ordered food to the victim; and (c) was ordered to do so by the victim; and (d) the Defendant was provided with 11,000 won in total from tin, namely, with 11,00 won in total, and did not pay the food value, and thereby acquired

[2013 Highest 6310]

4. On August 10, 2013, the Defendant, at around 03:20 on August 10, 2013, sent an attitude to pay the victim the alcohol value, etc. to the victim normally in the package of “M” L (M) operated by the victim in Young-gu, Busan, the Defendant ordered the victim to pay the alcohol value, etc., and received immediately from the victim who believed that he/she received alcohol and alcohol equivalent to the total market price of KRW 13,00,000, such as a rice and a day-today

However, the Defendant does not have certain occupation and property, and does not have any money and credit card, and does not order drinking and drinking.

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