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(영문) 부산지방법원 2015.02.06 2014고단9376
사기등
Text

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

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for a crime of false accusation, etc. on October 1, 2013, and completed the execution of the sentence at the Busan Detention Center.

1. Fraud;

A. On April 27, 2014, around 17:00, the Defendant issued an order for alcohol and food as if he were to pay the food value to the “AI” restaurant operated by the victim AH in Busan Y, along with one person who was infinite name, at the “AI” restaurant operated by Busan Y.

However, the defendant did not have the intention or ability to pay the price normally even if he received drinking and food from the victim because of the lack of cash or means of payment.

As above, the Defendant, by deceiving the victim as above, received a total of 24,000 won of the market price, such as sugar land and high-pollution, from the victim and acquired pecuniary benefits equivalent to the same amount by avoiding the payment of the price.

B. On April 28, 2014, around 17:00, the Defendant placed an order for alcohol and food by finding the “AI” restaurant operated by the above victim again as the two persons who had no name but to pay the same amount of food and drink.

However, the defendant did not have the intention or ability to pay the price normally even if he received drinking and food from the victim because of the lack of cash or means of payment.

The Defendant, by deceiving the victim as above, received a total amount of KRW 34,00,00 from the victim, such as sugar and high-pollution, and took a bath for the victim, and acquired pecuniary benefits equivalent to the same amount by avoiding the payment of the food cost.

2. From around 17:00 to 20:00 on the date indicated in paragraph 1-b, the Defendant: (a) expressed a large voice that “I do not have any money within the starting period; (b) I would like to find out that I would have no money within the starting period; and (c) I would like to write the table table in the restaurant by hand.”

In addition, tobacco has been set up, and the floor has been drawn up.

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