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(영문) 서울북부지방법원 2020.09.11 2020고단2494
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

【Criminal Power】 On April 4, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Northern District Court on February 11, 2020, and completed the execution of the sentence in the Ansan Prison on April 23, 202, and was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Northern District Court on April 23, 2020, and the said judgment became final and conclusive on July 1, 2020.

【Criminal Facts】

1. Around 10:15 on February 13, 2020, the Defendant: (a) committed a cafeteria among “D” operated by the victim C in Jongno-gu Seoul, Jongno-gu, Seoul; (b) ordered the victim to pay the price; and (c) ordered the victim to 1, 1, 1, 1, 1, and 1, 1,000.

However, the defendant did not have any means of payment such as cash, credit card, etc. at the time, so even if he received food and alcoholic beverages from the victim, he did not have the intent or ability to pay

The Defendant, as such, by deceiving the victim, received food and drink equivalent to 29,000 won in total from the victim’s market value.

Accordingly, the defendant was given property by deceiving the victim.

2. At around 16:30 on February 13, 2020, the Defendant: (a) committed “G” restaurant operated by the Victim FF in Jung-gu Seoul, Jung-gu, Seoul; (b) ordered the Victim to pay the price; and (c) ordered the Victim to do 3 man-made powder, 2 soldier’s disease, and 1 bal.m. for air.

However, the defendant did not have any means of payment such as cash, credit card, etc. at the time, so even if he received food and alcoholic beverages from the victim, he did not have the intent or ability to pay

The Defendant, as such, by deceiving the victim, received food and drink equivalent to the total market value of KRW 65,00 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Interim account statements and receipts;

1. Criminal records as indicated in the judgment: Criminal history records, investigation reports (verification of progress of trial), personal confinement status, Seoul Northern District Court Decision 2020 Godan699, integrated case search results;

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