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Reasons
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(영문) 인천지방법원 2018.06.14 2017고단9476
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, around 13:00 on December 15, 2017, issued orders for food equivalent to KRW 20,000,00 in total, including 20,00,00 won, by deceiving the victim as if he/she had no intent and ability to pay the food value in the E-cafeteria operated by the victim D in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Accordingly, the defendant was given property by deceiving the victim.

On January 14, 2018, the Defendant: (a) around 22:20 on January 14, 2018, 2018, at the “H” restaurant operated by the victim G in the Nam-gu Incheon Metropolitan City, the Defendant: (b) provided alcohol and food to the victim despite the absence of the intent or ability to pay the price even if he/she was provided with any means of payment, such as cash or credit card in his/her possession; (c) provided the victim with alcohol and food as if he/she would pay the price; and (d) obtained the money from the victim, and acquired the money by deceptioning the amount of KRW 31,00,00 in total.

Around 15:00 on December 21, 2017, the Defendant issued an order for alcohol and food as if he would normally pay to the victim, even if he/she was provided with alcohol and food, even if he/she did not have the intent or ability to pay the cost.

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained from the victim, the victim with 53,00 won sumed from 53,00,000 won, with one gate (9,000 won), a king-to-gate (17,00 won), a king-to-gate (17,000 won), and a 5 C (15,000 won) per share (15,00 won).

Summary of Evidence

"2017 Highest 9476"

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. On-site suspect image "2018 high group 339";

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Receipts, on-site photographs " 2018 Highest 609";

1. Statement by the defendant in court;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes of on-site photographs and receipts for the amount of damage.

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