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(영문) 부산지방법원 동부지원 2018.08.24 2018고정546
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 30, 2016, the Defendant and B ordered food to the E-cafeteria operated by the victim D, with access to the Defendant’s home located in the Busan Suwon-gu building C. 502 from the Defendant’s office to the Korean mobile phone of delivery B, as if they would normally settle the payment.

However, there was no intention or ability to settle the price even if the defendant and B received food from the injured party due to the lack of cash or card.

Nevertheless, the Defendant and B conspired to deception the victim as above and obtained a soup, 1 soup, 4 air bry, and 1 call, which are the sum of market prices of 31,000 won from the victim.

2. The defendant's sole criminal conduct;

A. On December 8, 2016, at around 20:00, the Defendant ordered the Victim F to provide meals to the victim, by calling the Defendant’s cell phone from the Defendant’s house located in the Busan Suwon-gu C building No. 502 to G restaurant operated by the Victim F with his mobile phone as if he would normally settle the price.

However, the defendant had no intention or ability to settle the price even if he received food from the injured party due to the lack of cash or card.

Nevertheless, the Defendant deceptioned the victim as above, and then acquired 29,000 won in total from the damaged party, a soup set of 29,000 won in the market price, and 4 air boomed.

B. On December 13, 2016, around 13:00 on December 13, 2016, the Defendant: (a) went through a private taxi operated by the Victim H in front of the subway No. 2 located in the Southern-gu, Busan; (b) as if he would normally settle the taxi fee; and (c) returned to the said K via M in Gangseo-gu, Busan.

However, in fact, the defendant does not have any cash or card that can be settled normally, and the victim is operated.

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