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(영문) 서울중앙지방법원 2020.04.23 2019고단8498
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On October 19, 2016, the Defendant was sentenced to three years and six months in Seoul High Court to imprisonment with prison labor for robbery, injury, etc., and completed the execution of the above sentence in the first prison of the Ganbuk Branch on September 8, 2019, and on December 9, 2019, the Seoul Central District Court sentenced one year and six months in imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court, which became final and conclusive on December 12, 2019.

【Criminal Facts】

The Defendant, around 18:30 on October 27, 2019, by deceiving the victim as if he would be able to pay the amount normally even though he/she did not have the intent or ability to pay the amount of alcohol and food at a “D” restaurant operated by the victim C in Bupyeong B and the first floor, and then, by deceiving the victim as if he/she would be able to pay the amount normally. The Defendant received from the victim property equivalent to KRW 17,90 on the aggregate of market prices, such as 1 mari and 1 friju.

around 16:00 on October 25, 2019, the Defendant issued an order to pay the price as if he did not have any intent or ability to pay the price even if he was provided with food from the victim F located in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant acquired the pecuniary profit equivalent to the amount of the said amount by failing to pay the price, even though he was provided with kimchi, gymmp, etc. equivalent to the total market value of 14,000 won by the victim.

Summary of Evidence

"2019 Highest 8498"

1. Defendant's legal statement;

1. C’s statement;

1. Invoice;

1. On-site photographs "20, 865";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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