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(영문) 서울북부지방법원 2014.09.26 2014고정1383
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 5, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Suwon District Court on June 5, 2014 and the said judgment became final and conclusive on June 13, 2014.

[2014 high-level 1383] On December 6, 2013, the Defendant received an order for food equivalent to KRW 18,000 from the D restaurant operated by the Victim C located in Seoul Central Government, Jung-gu, Seoul.

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

Ultimately, the Defendant, by deceiving the victim, received food equivalent to KRW 18,00 from the victim and did not pay the above amount, thereby acquiring pecuniary benefits equivalent to the same amount.

[20] On November 28, 2013, at around 22:00, the Defendant ordered food as if he did not have the intent or ability to pay the price to the victim, and acquired the pecuniary benefits equivalent to the same amount as the Defendant did not pay the price to the victim at the end of the aforementioned false statement, namely, was provided by the victim with the satisfaction and beer equivalent to 18,00 won at the market price at the seat, and did not pay the price to the victim F in Pyeongtaek-si.

[2014 High 1724] On December 19, 2013, the Defendant ordered the victim to open a kimchi dog and so on at the “J” restaurant operated by the victim I in Suwon-si from around 23:0 to December 02:30, 2013.

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

The Defendant, by deceiving the victim as such, was provided with Kimchi Gi, So-ju, air brub, etc. equivalent to the market price of 35,000 won from the victim and did not pay the above price, thereby acquiring property benefits equivalent to the same amount of money.

Summary of Evidence

[2014 High Court Decision 1383]

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report (teleline Inspection);

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of the receipt, on-site photograph;

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