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(영문) 서울북부지방법원 2018.12.13 2018고단3259
사기
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

The defendant lacks the ability to discern things or make decisions due to mental illness, such as symptoms, etc.

1. On August 6, 2018, the Defendant: (a) around 21:00 on August 6, 2018, the Defendant was provided with alcohol and food worth KRW 51,000,00 in total at the market price of the victim, i.e., re-f., re-fed B, Gangnam-gu, Seoul; (b) as if he/she had no means to make payments due to the lack of means of settlement available under water; and (c) as if he/she would have made payments due to the absence of an intent and ability to make payments due to the lack of means of settlement available.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 21, 2018, the Defendant: (a) around 22:40 on July 21, 2018, the Defendant received money from “G” operated by the Victim F in Jung-gu, Seoul; (b) not only did not have any money, but also did not have any other means of payment, such as credit cards, and thus, did not have an intent or ability to pay the money even if he/she received orders for food and drink, the Defendant ordered the victim to pay the money normally; (c) while doing so as to pay the money normally, he/she received from the damaged person food and beverage equivalent to KRW 19,900 at the market price.

3. The Defendant, around 14:50 on July 10, 2018, indicated the victim G indictment in Songpa-gu Seoul Metropolitan Government H building I as “K” but according to the records and evidence, the Defendant appears to be the clerical error of “G”.

In addition to the fact at the “J” restaurant, there is no money with a credit card or other means of payment, and even if a person orders food and beverage because there is no other means of payment such as credit card, it did not have the intent or ability to pay the price normally, the person ordered the victim as if he would normally pay the price, and the victim received food and alcohol equivalent to the total market price of KRW 32,00 from the damaged person.

Summary of Evidence

(b).

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