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(영문) 광주지방법원 2018.01.23 2017고단4971
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On May 12, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at a means of flooding, and the execution of the sentence was terminated on February 2, 2017.

[2017 Highest 4971]

1. On October 28, 2017, at around 14:30 on October 28, 2017, the Defendant obtained a benefit equivalent to the same amount because the Defendant did not pay the PC usage fee and food cost, even though he did not have any intent or ability to pay the PC usage fee and food value due to the lack of money in water, even though he did not receive food equivalent to KRW 39,800 from the injured party, food amounting to KRW 22,70.

[2017 Highest 5255]

2. On November 2, 2017, at around 22:35, the Defendant, at the main point of the Victim G management in Seo-gu, Seo-gu, Gwangju, showed the same attitude that the Defendant would pay the price in the absence of the intent or ability to pay the drinking value. The Defendant ordered the Victim’s drinking and food, and received the victim’s order to pay the drinking and food, and the Defendant was provided with the victim with the 1math of 43,000 won after the 1stma, 3 illness, and 1 bottle of drinking water.

[2017 Highest 543]

3. On October 23, 2017, around 12:40, the Defendant acquired pecuniary benefits equivalent to the amount of money by failing to pay the PC usage fee and drinking water in the “JPC room” operated by the victim I on the H3th floor in Gwangju Mine-gu, Gwangju, because there is no money, and by failing to pay the PC usage fee and drinking water in the absence of an intention or ability to pay it normally, and by failing to pay the PC usage fee and drinking water equivalent to the total market value of 24,400 won by ordering drinking water.

4. A. The Defendant: (a) around November 29, 2017, around 00:40, at “M main store” operated by the victim L in Gwangju Northern-gu, Gwangju Northern-gu; (b) had no money and had no intent or ability to pay the drinking value normally; and (c) had been paid as if he were to pay the drinking value without having an intention or ability to pay the drinking value; and (d) did not receive a delivery of the total amount of KRW 28,00 in the market price from the injured party and did not pay the said amount, thereby obtaining pecuniary benefits equivalent to the said amount.

B. The Defendant was under the influence of alcohol at the above time and place.

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