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(영문) 창원지방법원 통영지원 2015.10.07 2015고단705
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal power] On December 21, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court, and completed the execution of the sentence at the Changwon Prison on December 25, 2012. On February 18, 2014, the Changwon District Court sentenced one year to imprisonment for fraud, etc., and completed the execution of the sentence at the Changwon Prison on June 18, 2014. On April 9, 2014, the Changwon District Court sentenced three months to imprisonment for fraud, and completed the execution of the sentence at the Changwon Prison on September 18, 2014. On April 30, 2015, the Defendant was sentenced to five months of imprisonment with prison labor at the Busan District Court and completed the execution of the sentence at the Busan Prison on May 25, 2015.

【Criminal Facts】

1. On August 5, 2015, the Defendant: (a) around 16:04, at the “E restaurant” restaurant of the victim D’s “E” operated by Gyeongnam-gun, Chungcheongnam-gun; and (b) despite the fact that the Defendant did not possess any means of payment and did not have the intent or ability to pay the price, the Defendant ordered food as if the Defendant would pay the price to the victim; and (c) received food and alcohol equivalent to KRW 15,00,00 in total at the market price of 15,00,000, such as 1,000, 1,000, and 1,000, from the victim.

2. At around 21:30 on the same day, the Defendant: (a) received an alcoholic beverage and service equivalent to KRW 2.10,000,00 in total at the market price of the two weeks of disease and entertainment reception service from the victim G, who was employed by the victim G in Gyeong-gun F on the same day; (b) did not possess any means of payment; and (c) did not have the intent or ability to pay the price even if he did so; and (d) received such an alcoholic beverage and service from the victim as if he would pay the price.

3. The Defendant, at around 01:10 on August 6, 2015, at the point of “K” in the operation of the Victim J, which is located in Gyeongnam-gun I, and even if he does not possess any means of payment, he/she is willing or ability to pay the price even if he/she orders the alcohol.

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