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(영문) 서울중앙지방법원 2017.11.28 2017고단6465
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by the Busan District Court, and completed the execution of the sentence on November 9, 2016.

【2017 Highest 6465】

1. On September 9, 2017, the Defendant: (a) around September 11, 2017, at “E” restaurant operated by the victim D in Jung-gu Seoul, Jung-gu, Seoul; (b) around September 26, 2017, the Defendant received food and drink equivalent to KRW 46,00,000, in total, of KRW 15,000, market price of 15,00,000, from the victim of the crime; and (c) received food and alcoholic beverages equivalent to KRW 46,00,000, inasmuch as he/she had no money in water and received food from the victim; and (d) received food and alcoholic beverages from the victim.

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

2. On September 13, 2017, the Defendant: (a) around 14:30 on September 13, 2017, at the “H” restaurant operated by the Victim G in Gwanak-gu in Seoul Special Metropolitan City, the Defendant was able to pay the price even if he did not have any money and received food from the injured party because of the lack of intent or ability to pay the price; (b) ordered the victim’s food to do so; and (c) he received the victim’s food and drink equivalent to KRW 20,00 in the market price of KRW 37,00,000 in the total amount of KRW 37,000 in the market price of KRW 5,00 in the air condition, such as the air condition of KRW 5,00 in the market price of KRW 20.

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

【2017 Highest 7338, Jun. 18, 2017, the Defendant: (a) around 06:00 on June 18, 2017, the Defendant was able to pay the taxi fee even though he did not have any money in the water near the ILO clubs located in Busan, because he did not have any intent or ability to pay the taxi fee; and (b) the Defendant was boarding a taxi operated by the victim J, who was the victim to K in Yangsan-si, and said victim was able to pay the taxi fee to the Defendant.

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