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(영문) 서울중앙지방법원 2020.01.08 2019고단7313
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 05:00 on May 24, 2019, the Defendant ordered the victim S cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government R, one net brushes in the total market value of 10,000 won, and one brushes, and received the above food and alcohol from the victim.

However, the defendant did not have the intention or ability to pay the price even if he received food and drink from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the property from the victim.

2. On May 27, 2019, at around 21:10 on May 27, 2019, the Defendant ordered a soup set of 25,000 won in total in the market value, and received the above food and alcohol from the victim.

However, the defendant did not have the intention or ability to pay the price even if he received food and drink from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the property from the victim.

3. On June 25, 2019, at around 03:15, the Defendant ordered the Defendant’s restaurant operated by the Victim W, located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to provide the Defendant with the above food and alcoholic beverage at around 16,00 won prior to piracy and the Plaintiff’s disease in total, and received the above food and alcoholic beverage from the victim.

However, the defendant did not have the intention or ability to pay the price even if he received food and drink from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of X and S;

1. Application of each control note and each receipt-related statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, the following circumstances and the defendant's age, character and conduct, environment, motive and consequence of the crimes, as well as the reasons for sentencing under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act:

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