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(영문) 수원지방법원 안산지원 2018.09.17 2018고단388
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On November 18, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the support of Suwon Friwon, and completed the execution of the sentence in the Ansan prison on June 8, 2015.

[2] On December 29, 2017, the Defendant: (a) around 07:14, 2017, at the “E restaurant” for the victim D’s operation in Silung-si; (b) despite the absence of the intent or ability to pay the price even if he/she orders alcohol and food, the Defendant would normally pay the price; and (c) the Defendant ordered F, an employee, to do so by 1,000 won in total and 1,000 won in the market price; and (d) was issued from F.

On April 18, 2018, the Defendant: (a) entered the first place of the operation of the Victim H in G in light of around 19:30 on Apr. 18, 2018, the Defendant: (b) stated that the Defendant would normally pay the price despite the absence of the intent or ability to pay the price even if he/she orders alcohol and food; (c) provided the damaged party with an amount equivalent to KRW 51,00,00, including the sum of KRW 60,000, 1,000, 1, and 1,000, and did not pay the price.

On January 1, 2018, the Defendant issued an order for alcohol and food as if he would normally pay the price in spite of the absence of the intent or ability to pay the price even if he/she did not have any money during the process of drinking and food at around 02:04, Jan. 1, 2018, the Defendant, “2018 Highest 2594,” which received from the injured party the alcohol and food amounting to the sum of KRW 25,00,00 in the market price, such as 1 bottle, 25,00,000 from the injured party.

Summary of Evidence

"2018 Highest 388"

1. Statement by the defendant in court;

1. A written statement;

1. Sales receipt "2018 Highest 1492";

1. Statement by the defendant in court;

1. A H statement;

1. Sales slips 2018 high group 2594;

1. Statement by the defendant in court;

1. The statement of H 1.

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