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(영문) 서울동부지방법원 2019.01.24 2018고단3317
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 9, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Incheon District Court, and on July 4, 2017, the Defendant completed the enforcement of the sentence in the second prison of the North Korean defectors.

around 17:10 on October 9, 2018, the Defendant ordered the victim, as if he did not have any intent or ability to pay food costs because he did not have any means of payment such as cash or credit card in the “Dcafeteria” operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant ordered the victim to pay food costs, and the Defendant was provided with food equivalent to KRW 26,00,000 in total at the market price, such as Yellow-gu one-person portion, one-person portion, one-person portion, and one-child disease.

around 04:20 on September 21, 2018, the Defendant: (a) received food equivalent to KRW 15,000,000, total market value, such as 1 person portion of the bones sea station, 2 disease, etc., from the victim F, which was operated by the Michuhol-gu Incheon, Michuhol-gu, Incheon; and (b) obtained food from the victim, who did not have any intent or ability to pay the food cost, notwithstanding the fact that the Defendant did not have any intent or ability to pay the food cost.

around 11:50 on October 8, 2018, the Defendant, “2018 Highly 3678,” issued an order with the victim as if he would have paid the food cost, despite that he did not have any intent or ability to pay the food cost because he was not in possession of cash or credit card or other means of payment at the ‘JJ' restaurant operated by the Gangnam-gu Seoul Metropolitan Government H, thereby taking the Defendant into account that he would have paid the food cost. The Defendant received the food amounting to KRW 34,00,000 in total, including two persons who were living together by the victim and 1 disease, etc.

The Defendant at around 00:30 on October 6, 2018, the “M” point of the victim’s L operation in Songpa-gu Seoul, Songpa-gu, Seoul around 00:30 on October 6, 2018, and the fact is, despite the absence of the ability and intent to pay liquor and food, to N employees there are no amounts to be paid.

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