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(영문) 서울중앙지방법원 2018.06.26 2018고단3001
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2018 Highest 3001]

1. On April 28, 2018, the Defendant: (a) around April 28, 2018, at the “E cafeteria” operated by Jongno-gu Seoul, Jongno-gu, and the victim D on the first floor; (b) as if the Defendant had no intent or ability to pay the drinking value due to having cash or credit card to pay the drinking value at the time, even though he/she did not possess a credit card, he/she would normally pay the drinking value to the victim; and (c) ordered 1 to boom and 2 C to the Defendant, i.e., he/she received 1,500 won in total at the market value from the victim, namely, from the victim.

2. On May 2, 2018, the Defendant: (a) around 18:30 on May 2, 2018, around May 2, 2018, at the victim H restaurant in the first floor of the Jongno-gu Seoul Metropolitan Government F Building, provided the victim with a one-time entertainment and one-time alcoholic beverage and one-time alcoholic beverage in order to pay the alcohol value as at the time despite the Defendant was unable to possess a cash or credit card to pay the alcohol value as at the time; (b) as if he did not have an intent or ability to pay the alcohol value as at the time, the Defendant ordered the victim to pay the alcohol value normally; and (c) was provided with alcohol and conference in the aggregate amount of KRW 14,00

3. On May 3, 2018, around 18:45, around May 3, 2018, the Defendant issued orders to “K” restaurant operated by Jongno-gu Seoul Jongno-gu Seoul (Seoul) to pay the alcohol value at the time, and, even though there was no intent or ability to pay the alcohol value because of having no cash or credit card, it was not capable of paying the alcohol value at the time, the Defendant received orders from the victim, namely, a total of 32,00 won of the market value, as if he would normally pay the alcohol value.

4. On May 6, 2018, the Defendant ordered the victim to pay the drinking value in a “N” restaurant of the victim M management in Jongno-gu Seoul Metropolitan Government L on May 6, 2018, even though the Defendant did not have any intent or ability to pay the drinking value because he/she was not in cash or by having credit cards at the time, the Defendant ordered the victim to pay the drinking value in a normal manner.

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