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(영문) 서울북부지방법원 2019.05.15 2018고단5184
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On September 9, 201, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court on March 19, 201; three months from the Seoul Northern District Court on March 19, 2013; three years from the Seoul Northern District Court on March 28, 2013; three years from imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on July 19, 2016; and two years and six months from the Seoul Northern District Court on September 3, 2018.

[2018 Highest 5184]

1. The Defendant committed the crime on October 22, 2018: (a) around the night of October 22, 2018, at the point of “D” where the victim C works on the first basement B of Gangnam-gu Seoul Metropolitan Government (Seoul) and around the night of October 22, 2018; (b) was doing as if he would pay the completion; and (c) ordered the victim to provide alcohol

However, the Defendant did not have money and did not have any other means of payment, such as credit cards, so even if he was provided with alcoholic beverages from the victim, there was no intention or ability to pay the money.

Nevertheless, the defendant received from the victim 292,00 won a total of the market value of 292,00 won from the victim and acquired it by fraud.

2. The Defendant committed the crime of November 19, 2018, around the night of November 19, 2018, ordered the victim’s alcohol at the “G” main point operated by the victim F of the second E in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, as if he would pay the completion, and ordered the victim to provide the alcohol.

However, the Defendant did not have money and did not have any other means of payment such as credit cards. Therefore, even if the Defendant received money from the victim, there was no intention or ability to pay the money.

Nevertheless, the defendant was provided with 1 disease and beer with a total of 194,000 won in the market value from the victim and acquired it by fraud.

[2018 Highest 5268]

1. On October 30, 2018, the Defendant was not in fact at the “J”’s main point operated by the victim I on the H and the second floor in Gangnam-gu Seoul, Seoul, and there is no money, and there is no credit card, etc.

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