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(영문) 서울남부지방법원 2018.10.12 2018고단3232
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On January 10, 2017, the Defendant was sentenced to imprisonment with prison labor for a period of six months at the District Court for fraud and has been sentenced to the same year.

2.6. The execution of the sentence was completed in the KCAB’s prison.

around 12:50 on June 27, 2018, the Defendant ordered food as if he would normally pay the completion money at the “E cafeteria” operated by the victim D located in Gangseo-gu Seoul Metropolitan Government, and ordered food.

However, even if the defendant was provided with food, he did not have the intention or ability to pay the price.

Nevertheless, the defendant was provided by the injured party with food equivalent to KRW 22,00,00, such as a 1 of kimchi, 2 of small liquor, etc. from the injured party, and did not pay the price.

Accordingly, the defendant was given property worth 22,000 won by deceiving the victim.

On June 15, 2018, the Defendant: (a) around 08:50 on June 15, 2018, the restaurant in the name of “H” operated by the Victim G in Suwon-si F, Suwon-si; and (b) Notwithstanding the absence of an intent or ability to pay the price even if he/she received drinking and food from the injured party due to the lack of cash or credit card in possession, etc., the Defendant ordered the injured party to drink and food and received a 13,000 won in total from the injured party, ordering the injured party to pay the price in a normal manner.

"2018 Highest 4086"

1. On June 14, 2018, at around 19:00, the Defendant: (a) was a restaurant with the trade name “K,” operated by the Victim J of the Victim J in Suwon-si, Suwon-si; (b) the Defendant, despite having no cash or credit card in possession, was provided with drinking and food from the injured party due to lack of intent or ability to pay the price; (c) the Defendant, despite of the absence of an intent or ability to pay the price, was engaged in the act as if he would normally pay the price to the injured party; (d) ordered the injured party’s drinking and food, and (e) received two (22,00 won in total from the injured party, namely,

2. The Defendant on June 15, 2018

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