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(영문) 수원지방법원 2012.10.31 2012고합713
사기
Text

A defendant shall be punished by imprisonment for two years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On June 29, 201, the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”) were sentenced to ten months of imprisonment with prison labor for special larceny in the Hongsung Branch of the Daejeon District Court on March 12, 2012, and completed the execution of the sentence on March 12, 2012, and had weak ability to discern things or make decisions due to alcohol dependence.

[2012Gohap713]

1. On April 18, 2012, the Defendant: (a) around 01:30, the victim’s “Eudio” on the first floor of the C Building in Osan-si; (b) the Defendant, despite the absence of the intent or ability to pay the drinking value, etc., did so to the victim as if he/she would pay the price to the victim; and (c) ordered an alcoholic beverage and a delivery, which was provided with an alcoholic beverage and service equivalent to KRW 4.50,00 from

2. At around 06:30 on April 18, 2012, the Defendant showed the same attitude that the victim would pay the victim’s drinking value in the “H place” of the victim G operation in Osan City F.

However, the defendant did not have the intention and ability to pay the drinking value.

The defendant was provided from the victim with the alcoholic beverages of 240,000 won from the seat and acquired them by fraud.

3. On April 18, 2012, the Defendant: (a) around 22:30 on April 18, 2012, the victim J operation (“K”); (b) the Defendant, despite the absence of an intent or ability to pay the drinking value, etc., was engaged in the act as if the Defendant would pay the price to the victim; and (c) ordered an alcoholic beverage and an alcoholic beverage to which the Defendant received from the victim a sum of KRW 180,00,00,000, including beer 19,000 ( KRW 150,000) and 1,000,000

4. At around 00:20 on May 6, 2012, the Defendant: (a) in the “N” restaurant of the victim M in Suwon-si L, Suwon-si; (b) in fact, despite the lack of an intent or ability to pay the drinking value, etc., the Defendant follows as if the Defendant would pay the price to the victim; and (c) ordered an alcoholic beverage to pay the price to the victim; and (d) in this case, the Defendant issued an order from the victim for beer 22 disease (8,000 won); and (e) 15,000 won for beer.

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