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(영문) 서울북부지방법원 2015.01.27 2014고단3446
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On December 13, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud due to the transfer of a facility at the Seoul Western District Court on December 13, 2013 and completed the execution of the sentence on August 7, 2014.

【Criminal Facts】

The defendant of "2014 Highest 3446" did not have any particular income nor did he/she have any intention or ability to pay the price even if he/she orders alcoholic beverages and safes because he/she did not have any money.

On October 5, 2014, the Defendant: (a) around 19:00, at the main point of the victim D’s operation located in Dobong-gu Seoul Metropolitan Government, committed as if he would pay the drinking value; and (b) ordered the victim with an alcoholic beverage and an alcoholic beverage, and (c) received from the victim the order of the victim, the Defendant was issued with an alcoholic beverage of KRW 50,000 in the market value of KRW 8.

around 01:20 on August 17, 2014, the Defendant ordered a high-sea fishing afforestation and a small-sea owner as if he would pay the price.

However, there was no intention or ability to pay the price due to the absence of money.

The Defendant, as such, by deceiving H’s staff at the above restaurant, was provided with a high-light afforestation and a junisher with an amount equivalent to KRW 10,00,00 from H.

At around 02:30 on September 7, 2014, the Defendant issued an order to provide alcohol and food to the victim as if he did not have any money during the process of the fact and did not have any intent or ability to pay the alcohol value to the victim. In other words, the Defendant received food and service equivalent to KRW 90,000 in total, such as 5 illness, 2 illness, 1 week, 1 week, and 1 week, and 90,000 in total, and acquired economic benefits equivalent to the same amount.

around 02:00 on September 5, 2014, the Defendant: (a) around 202:0, at the “N” ran tavern operated by the injured party M&A in the Jung-gu Seoul Metropolitan Government L, and (b) even if he did not have the intent or ability to pay the price even if he received an order for alcohol and alcohol, he/she is deemed to have paid the price normally.

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