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(영문) 수원지방법원 안산지원 2017.04.12 2017고단506
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On April 15, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at Seoul Southern District Court, and completed the execution of the sentence in Seoul Southern District Court on August 30, 2015.

[Criminal facts]

1. On February 17, 2017, around 01:39, the Defendant: (a) committed as if he did not have the intent or ability to pay the food cost in the “E” restaurant for the victim D operation in light of light name; (b) ordered food, and (c) received the orders of food as if he had the intention or ability to pay the food cost, and (d) received the delivery of 2,000 won in total of the market price from the damaged person.

2. On February 24, 2017, around 02:00, the Defendant: (a) committed as if he did not have the intent or ability to pay the food cost at the “H” restaurant for the victim’s G operation “H” on the first floor; (b) was ordered to pay the food cost normally; and (c) the Defendant received from the victim’s employee I a delivery of KRW 18,000 in total amount of the market price.

3. On February 24, 2017, around 18:00, the Defendant was engaged in as if he did not have the intent or ability to pay the food cost at the “L” restaurant operated by J at the time of light lighting, and was ordered to sell food as if he would normally pay the food cost, and the Defendant received an order of food and beverage from the damaged person to whom 32,50 won in total at the market price was issued.

4. On February 25, 2017, around 19:00, the Defendant: (a) committed as if he/she had no intent or ability to pay the food cost in a “O” restaurant for the operation of the Victim N in M when lighting around 19:00; and (b) ordered food to pay the food cost normally; and (c) he/she received an order of food from the damaged person, one person of the total market price of KRW 39,00,000, and one Byung per week.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of N, D, K, and I;

1. Previous convictions in judgment: Application of inquiry requests, such as each criminal history, and the current status of personal expropriations;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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