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(영문) 서울북부지방법원 2017.01.13 2016고단5335
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] The case: Seoul Western District Court Decision that habitually commits fraud on August 31, 2015: Imprisonment with prison labor for a period of one year and six months: September 17, 2016; and on other hand, 30 times the previous records of the execution of the punishment of the Red Prison on September 17, 2016 (Aggravatedly: the Seoul Central District Court Decision 2016 High Court Decision 2016 High Court Decision 535 High Court Decision 2016

1. On November 19, 2016, the Defendant: (a) around November 19, 2016, around 23:30, 2016, at the “E’s main point in which the victim D in Dongdaemun-gu Seoul Metropolitan Government is an employee; (b) expressed the attitude that the Defendant would normally pay the drinking value despite having no intent or ability to pay the price; and (c) ordered the drinking. The Defendant was provided with alcoholic beverages equivalent to the sum of 140,000 won, including 140,000 won, and 5 C, from the victim.

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

"2016 Highest 5391" case

2. On November 13, 2016, the Defendant: (a) around 23:00 on November 13, 2016, at the “H” point operated by the Victim G in Gwanak-gu in Seoul Special Metropolitan City, the Defendant showed an attitude that the Defendant would normally pay the alcohol value despite having no intent or ability to pay the price; and (b) ordered the alcohol; (c) the Defendant was provided with the alcohol and alcohol equivalent to KRW 450,00,00 in total, including 20 hours of contact, beer, and 3 weeks.

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

3. On November 14, 2016, the Defendant: (a) around November 14, 2016, at around 23:30, the victim J, working in Dongjak-gu Seoul Metropolitan Government I, expressed the attitude that the Defendant would normally pay the drinking value without the intent or ability to pay the price; and (b) ordered the drinking. The Defendant was provided with the alcohol equivalent to KRW 21,000,000, including 3 Kascam, from the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the respective laws and regulations of G and J

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (Punishment of imprisonment) concerning the crime;

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