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(영문) 서울북부지방법원 2018.10.31 2018고단275
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On April 11, 2014, the Defendant was sentenced to two years of imprisonment with prison labor due to an injury, etc. by the Seoul Northern District Court, and completed the execution thereof on December 5, 2015. On October 27, 2017, the Seoul Northern District Court sentenced six months of imprisonment with prison labor due to a crime of fraud, etc., and completed the execution thereof on December 21, 2017 at the Dong Branch of Seoul Northern District Court.

"2018 Highest 275"

1. On January 19, 2018, at around November 11:30, 2018, the Defendant: (a) was engaged in a “D” restaurant operated by the victim C in Dobong-gu Seoul Metropolitan Government; (b) as if the Defendant would normally pay the amount of food in spite of the absence of the intent or ability to pay the amount of food normally; and (c) was provided with alcohol and food equivalent to KRW 11,500 in total at the market price from the damaged person.

2. The Defendant, at the above date, at the above time and place, engaged in alcohol and food so as to sleep for about 2 hours and 30 minutes after drinking, engaged in music significantly due to mobile phone scamers after diving, and requested employees to reduce music scam “Ih, Bath,”

B. Whether it is neglected or not

“Along with the noise,” it was difficult for customers who wish to enter a restaurant to see “hum,” and commit noise, etc.

Accordingly, the defendant interfered with the victim's restaurant business by force.

The defendant of "2018 Highest 406" did not have an intention or ability to pay the price even if he/she orders alcoholic beverages and liquors in a restaurant because he/she has no cash, credit card, etc.

Nevertheless, at around 21:20 on January 10, 2018, the Defendant was provided with alcohol and alcoholic beverages equivalent to 23,500 won from the seat, namely, from the injured party, in the “G restaurant” of the victim F’s operation in Dobong-gu Seoul Metropolitan Government, as if he would normally pay food value, and by deceiving the victim as if he would normally pay food and alcoholic beverages.

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

"2018 Highest 407".

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