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(영문) 서울남부지방법원 2014.09.11 2014고단2215
사기등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2014, the Defendant was sentenced to nine months of imprisonment for fraud, etc. at the Seoul Southern District Court on February 17, 2014, and completed the execution of the sentence at the Seoul Southern Southern District Court.

[2014 Highest 2215]

1. 사기 피고인은 2014. 6. 2. 02:30경 서울 양천구 C에 있는 피해자 D이 운영하는 ‘E식당’에서 꼼장어 1접시, 소주 2병의 안주 및 주류를 주문하였다.

However, 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 absence of money at the time.

결국 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 16,000원 상당의 꼼장어 1접시, 3,000원 상당의 소주 2병, 합계 22,000원 상당의 술과 안주를 교부받았다.

2. On June 2, 2014, from around 03:20 to around 03:40 on the same day, the Defendant was unable to avoid disturbance, such as gathering eggs and alcohol on a food deposit without justifiable grounds after drinking them at the same place as the above paragraph (1).

Accordingly, the Defendant interfered with the victim's restaurant business by force.

[2014 Highest 2711] The Defendant, around 03:37 May 28, 2014, pretended to pay the full amount, was boarding G taxi driven by the victim F.

However, there was no intention or ability to pay taxi charges.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to operate the taxi in front of the H in Seocheon-gu, Seocheon-gu; and (c) did not pay 23,680 won of the taxi fee, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

[2014 Highest 2215]

1. Defendant's legal statement;

1. Investigation report (to hear statements from a victim's telephone);

1. Defendant's legal statement;

1. A written statement of the F (before the date of sale);

1. Court rulings (2013No1373, 2241 (Joint));

1. Application of Acts and subordinate statutes on the current status of individual confinement and confinement;

1. Criminal facts;

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