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(영문) 서울중앙지방법원 2012.03.28 2012고정317
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[2012 fixed-term 317] On May 2, 2010, the Defendant entered the “D” entertainment tavern operated by the victim C in Jongno-gu Seoul Metropolitan Government on May 2, 2010, and drinking alcohol and alcohol equivalent to KRW 200,000, including one disease and one day-to-day alcoholic beverage.

However, there was no intention or ability to pay the price.

The Defendant, by deceiving the victim as such, received food of KRW 200,000 from the victim.

[2012 fixed-term 318(combined)] On April 16, 2010, the Defendant took the same attitude as paying the drinking value normally by ordering beer, etc. to the victim F who operates the above main points within the jurisdiction of Jongno-gu Seoul E (Seoul), Jongno-gu E main office.

However, the fact was that there was no intention or ability to pay the price, etc. even if it was ordered to do so.

Nevertheless, the Defendant ordered 170,000 won, such as beer 20,000 won, from the victim’s seat, and received pecuniary benefits equivalent to 30,000 won, such as food service charges of female employees.

Accordingly, the defendant received property and acquired property benefits by deceiving the victim.

[2012 fixed-term 319(combined)] Defendant did not have any intention or ability to pay the drinking value.

1. On October 6, 2010, the Defendant, at an entertainment drinking house in Gwanak-gu, Seoul Special Metropolitan City, by deceiving an employee H(20 years of age) as if he would pay the drinking value, and by receiving an amount equivalent to a total of KRW 550,000, a total of two diseases, etc., including the two diseases, and thereby acquiring pecuniary benefits equivalent to the same amount.

2. On October 10, 2010, the Defendant: (a) by deceiving a business manager at a place of entertainment drinking club in Gwanak-gu, Seoul Special Metropolitan City as if he would pay the drinking value to J (24 years of age); and (b) by being provided with alcohol and alcohol equivalent to the total amount of KRW 405,00,000, such as two weeks of disease, and thereby acquiring pecuniary benefits equivalent to the same amount.

[2012 Gohap320, on August 30, 2010, the Defendant around 23:45, 2010, 80,000 won for Skblus 1 disease in K in Jung-gu Seoul, Jung-gu, Seoul, 20,000 won for 1 disease, 20,000,000 won for 20,000,000 won for Austria.

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