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(영문) 수원지방법원 안양지원 2019.08.14 2018고단2116
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 20:00 on December 3, 2018, the Defendant ordered beer 15 and beerer 15 as the Defendant would pay the price at the D points of the operation of the victim C located in the Gu-gu B during the 20:00 game.

However, since the defendant did not have a means to pay for alcoholic beverages and food at the time, there was no intention or ability to pay the price even if he was provided with alcoholic beverages and food from the victim.

The Defendant, by deceiving the victim as above, received 30,000 won or more at the market price of 15,000 won or more at the 105,000 won or more at the market price, which is owned by the victim, and acquired the property owned by the victim as a sum of 135,000 won or more at the market price.

On December 2, 2018, the Defendant: (a) around 19:00 on December 2, 2018, the 2018 G stores, “The F operation of the Victim F in the Gyeonggi-si, Gyeonggi-do, was doing as if the Defendant would pay the normal price to the victim; and (b) ordered the victim to take the orders of both weeks and one owner.

However, the defendant did not possess a card or cash in addition to 2,000 won in cash, and there was no intention or ability to pay the price even if he did not have any specific property and he received the alcohol and alcohol from the victim.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to the total market value of KRW 190,000 from the victim.

around 03:00 on November 25, 2018, the Defendant ordered the victim J, an employee, to provide alcohol and food at “I restaurant” located in H at the Gyeonggi-si, Gyeonggi-do. However, in fact, the Defendant did not have any means of payment, such as cash or credit card, at the time, so there was no intent or ability to pay the food cost.

The Defendant was provided with 18,00 won in total and 18,000 won in the market price from the victim, and got potable, and attempted to smoke.

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

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