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(영문) 수원지방법원 안양지원 2020.05.22 2020고단133
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On September 20, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Daejeon District Court’s Incheon District Court’s Branch, and completed the execution of the said sentence on July 13, 2019.

【Criminal Facts】

around 20:00 on January 11, 2020, the Defendant issued an order for food and drink of 136,000 won as if he would normally pay food and drink at the “D” restaurant of the victim C’s 1st underground floor in Mayang-si, Mayang-si, Mayang-si, Mayang-si, with the intention of selling food and drink of 16 times equivalent to 136,00 won, and the victim demanded the settlement of the payment to the Defendant, thereby making the victim false statement to the effect that he would have no money.”

In fact, however, the defendant did not have property value equivalent to the food cost because he did not receive any money from the victim merely because he did not receive any money from the victim, and there was no money that he did not have the intention or ability to pay the food cost to the victim as agreed on the next day.

As above, the Defendant, by deceiving the victim and being provided with alcohol and food equivalent to KRW 136,00 from the victim, acquired the pecuniary profit equivalent to that amount by avoiding the payment of the said amount.

The Defendant, at around 23:50 on Jan. 14, 2020, at G points operated by the Victim FF in Sanyang-gu E, Sanyang-si on Jan. 14, 2020, by the Defendant: (a) had no intent or ability to pay the alcohol value; (b) by deceiving the victim as if he would pay the normal alcohol value; and (c) had the victim received the alcohol, food, etc. equivalent to KRW 76,00,00 from the victim and did not pay the price.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

On November 21, 2019, the Defendant: (a) around 03:55 on November 21, 2019, at the “J” sing point operated by the victim I in Pyeongtaek-si H; and (b) as if the Defendant would pay the normal drinking value in spite of the absence of the intent or ability to pay the drinking value.

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