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(영문) 서울중앙지방법원 2018.10.10 2018고단2113
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on August 11, 2017, and completed the execution of the sentence on October 2, 2017.

【Criminal facts [2018 Highest 2113] around March 9, 2018, at D’D cafeteria operated by Jung-gu Seoul Metropolitan Government B victim C, the Defendant deceptioned employees E of the above restaurant by means of acting as if he did not pay the food value despite having no intention or ability to pay the food value because of the lack of money in fact, and by deceiving them to do so. The Defendant acquired food equivalent to KRW 103,000,000, such as 1 soup and 4,000, total market price of KRW 13,00,000.

[200 [Attachment 400] On June 13, 2018, the Defendant: (a) received food equivalent to KRW 56,000,00 in total market value, such as 19:05,00, from the victim G in the middle-gu Seoul Metropolitan Government by “H” restaurant; and (b) obtained the victim’s property by receiving food equivalent to KRW 56,00,000, such as 13:05, and 19:0,000, if the Defendant did not have any intent or ability to pay the price despite having ordered food, etc., as if he would normally pay the price.

[2] On July 22, 2018, at around 21:32, 2018, the Defendant: (a) by deceiving the victim by means of ordering alcohol and food as if he would normally pay the price; and (b) received the delivery of alcohol and food equivalent to KRW 38,00,00 in total at the market price of 38,00,00, such as chickens and 2 bottles, from the victim, even if he/she orders alcohol and food.

Summary of Evidence

[2018 Highest 2113]

1. Statement by the defendant in court;

1. E statements;

1. A receipt for damage (2018 highest 4000);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A receipt (2018 high group 5126);

1. Statement by the defendant in court;

1. Written Statement 1.

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