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(영문) 서울북부지방법원 2020.03.19 2019고단5779
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power, etc.】 On September 7, 2018, the Defendant was sentenced to one year and six months to imprisonment due to the crime of property damage, etc. by the Seoul Northern District Court, and the execution of the sentence was completed on November 24, 2019, and the Defendant committed the following crimes in the state that he/she lacks the ability to discern things or make decisions due to the depression, etc.:

【2019 order 5779】

1. On December 10, 2019, the Defendant damaged property by the Defendant from December 10, 2019 to December 05:25, 2019 each of the property owned by the victims seven times in total, as described in the attached list of crimes, from the time on December 20, 2019, the Eco, the victim D parked in front of the Seoul Special Metropolitan City, Nowon-gu B apartment C, without any reason, after leaving the victim D to the right part of the driver’s seat of the vehicle, thereby damaging the repair cost equivalent to KRW 175,000 at the market price.

2. Fraud;

A. On December 14, 2019, around 00:30 on December 14, 2019, the Defendant ordered the victim G on the fifth floor of the F Building in Seoul Special Metropolitan City, Nowon-gu, to pay the price normally as if he did not have an intent or ability to pay the price due to the lack of cash or payment means, such as credit card, etc., and would have ordered the victim to pay the price normally. The Defendant was provided with alcohol and alcohol equivalent to KRW 82,900 in total market value from the victim.

나. 2019. 12. 15. 범행 피고인은 2019. 12. 15. 21:50경 서울 노원구 I건물 지하 1층에 있는 피해자 J가 운영하는 ‘K’ 식당에서 사실은 현금이나 결제 가능한 신용카드 등 지불수단이 없어 음식 값을 지불할 의사나 능력이 없음에도 마치 그 대금을 정상적으로 지불할 것처럼 피해자에게 맥주 2병, 칵테일 8잔, 안주 2개를 주문하고 이에 속은 피해자로부터 시가 합계 173,000원 상당의 술과 안주를 제공받았다.

C. On December 17, 2019, the Defendant committed the crime at around 00:35 on December 17, 2019.

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