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(영문) 수원지방법원 성남지원 2014.09.24 2014고단791
사기
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On December 20, 201, the Defendant was sentenced to six months of imprisonment for fraud in the Sungnam Branch of Suwon District Court on December 20, 201, and completed the execution of the sentence in the Suwon Detention House on May 3, 2012.

[2014 Highest 791]

1. Around 21:00 on April 3, 2014, the Defendant ordered two sons and two sons of the military unit, as if the Defendant would pay the food cost normally, at the “E” restaurant operated by the victim D in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

However, the Defendant did not have any intent or ability to pay the price even if he received an order for food as above, because there was no money in water.

The Defendant, by deceiving the victim as above, was provided with meals equivalent to 20,000 won in total to two persons, per unit, and 20,000 won per unit, from the victim’s position.

[2014 Highest 1060]

2. On May 12, 2014, at around 21:39, the Defendant ordered the victim’s “H restaurant” operated by the Victim G in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, that the Defendant would pay the amount normally.

However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim due to the lack of money.

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to 31,000 won in total, including three disease, two disease, one disease, one pest, etc., from the victim’s position.

[2014 Highest 2015]

3. Around 20:00 on December 31, 2013, the Defendant ordered three-person joints, bals, i.e., two-person joints, which would be deemed as if they would normally pay food costs, at the “K” restaurant operated by the J of the victims of sexually South-gu, Seongbuk-gu, Sungnam-gu.

However, the Defendant did not have any intent or ability to pay the price even if he received an order for food as above, because there was no money in water.

The Defendant, as above, by deceiving the victim, received food equivalent to KRW 19,500 in total from the victim’s place.

[2014 High Court Decision 1453]

4. The Defendant on January 4, 2014

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