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(영문) 서울동부지방법원 2018.10.16 2018고정793
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 20, 2018, the Defendant: (a) around 23:00, at the main point of “D” located in Songpa-gu Seoul Songpa-gu Seoul (hereinafter “D”); (b) as if he would pay the amount of food and alcohol to the victim E (the age of 58), the Defendant placed an order for food and alcohol equivalent to KRW 23,000,000, total amount of 23,000,000, such as non-bred, beer

However, the defendant did not have any intention or ability to pay the price even if he received the food and drink from the injured party due to the lack of money.

The Defendant, by deceiving the victim as such, received food and alcohol equivalent to KRW 23,00 from the injured party, thereby deceiving the victim.

2. On May 10, 2018, the Defendant issued an order for food equivalent to KRW 7,500 in total, including Kimchisk and air brea, etc., when he/she would pay the food cost to the victim H (the age of 48) in a restaurant of Songpa-gu Seoul F and “G” on May 10, 2018.

However, there was no intention or ability to pay the price even if the defendant received the food from the injured party due to the lack of money.

The defendant deceivings the victim as such, and obtained food equivalent to KRW 7,500 from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. The receipt of each amount of damage, the alcohol provided to the suspect, and the application of Acts and subordinate statutes on safe and visual photographs;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing conditions set forth in the trial of this case are considered in light of the following: (a) multiple records of criminal punishment on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the health status of the accused; and (c) the victims and the victims after the prosecution have reached an agreement with the accused; and (d) the accused does not want to be punished.

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