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(영문) 서울중앙지방법원 2017.01.20 2016고단6101
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 10:20 on July 27, 2016, the Defendant ordered food and alcoholic beverages equivalent to KRW 58,000 on total amount of KRW 58,00,00, such as air conditioners, backband backs, and so forth.

However, the defendant did not have the intention or ability to pay the above-mentioned food cost because he did not have cash in his possession at the time and did not have income.

Nevertheless, the defendant did not pay 58,000 won when he received food and drink as above from the injured party, thereby acquiring property benefits equivalent to the same amount.

around August 22, 2016, the Defendant issued an order for food and alcohol equivalent to KRW 38,000,00, in total, from “H restaurant” operated by the victim G in Gangnam-gu Seoul Metropolitan Government F on August 22, 2016 by the victim G in Seoul.

However, the defendant did not have the intention or ability to pay the above-mentioned food cost because he did not have cash in his possession at the time and did not have income.

Nevertheless, the defendant did not pay 38,000 won when he received food and drink as above from the injured party, thereby acquiring property benefits equivalent to the same amount.

around 20:40 on September 2, 2016, the Defendant ordered food and alcohol equivalent to KRW 38,000,000, in total, 200, namely, 38,000, 200, in the “K” restaurant operated by the Victim J in Gangnam-gu Seoul Metropolitan Government, as if the Defendant would pay the amount to the victim. The Defendant ordered food and alcohol equivalent to KRW 38,00,00,00,000, in total, of 2.

However, not only did the Defendant did not have cash at the time but also did not have the intent or ability to pay the above-mentioned food cost.

Nevertheless, the defendant deceivings the victim as above.

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