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(영문) 인천지방법원 2018.05.10 2018고단897
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

No. 1 of the seized evidence (No. 1 of KB national physical card) shall be returned to the victim C.

Reasons

Punishment of the crime

[criminal records] On June 22, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention Center on July 11, 2017. On September 27, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. and the judgment became final and conclusive on April 27, 2018 by dismissal of the appeal.

"2018 Highest 897"

1. Fraud;

A. On January 23, 2018, the Defendant: (a) around January 23, 2018, committed the crime of around 21:00, and around January 23, 2018, received food from the injured party E’s “F main store” operated by Bupyeong-gu Incheon, Incheon; (b) ordered food as if he did not have the intent or ability to pay the price; and (c) was provided by the injured party with the “defris” amounting to KRW 9,900 in the market price, but did not pay the price, thereby obtaining pecuniary benefits equivalent to the same amount.

B. On January 31, 2018, around 09:50, the Defendant ordered food as if he did not pay the price, even if he received food from the injured party from “I cafeteria” operated by the victim H in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as if he did not have an intent or ability to pay the price, and acquired the same amount of pecuniary benefits as the Defendant did not pay the price even if he received food from the injured party.

(c)

On January 31, 2018, the Defendant, at around 16:00 on January 31, 2018, ordered food as if he did not complete the payment in the “L” restaurant operated by the Victim K in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, even if he was provided with food from the injured party, and acquired the same amount of monetary benefits as if he did not pay the price, even if he did not have the intent or ability to pay the price.

2. From January 23, 2018 to around 23:00 on the same day, the Defendant interfered with his/her duties at the place described in the foregoing paragraph (a).

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