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(영문) 울산지방법원 2014.04.30 2014고단55

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 26, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Ulsan District Court (Ulsan District Court) and completed the execution of the above punishment on June 22, 2013.

1. On November 23, 2013, the Defendant: (a) around 02:30, the fact that the Defendant was “E” operated by the victim D of the second floor of the C Building in Gyeyang-si, Yangsan-si, was in possession of only a body card with no balance at the time; and (b) did not possess cash or credit cards or other means of payment; and (c) was in possession of alcoholic beverages upon order, even if he/she did not have an intent or ability to pay the price, the Defendant was provided with entertainment services equivalent to KRW 2.60,000,000,000,000,000 won by ordering alcohol and alcohol while issuing the said body card.

Accordingly, the defendant, by deceiving the victim, received property equivalent to KRW 2.60,000, and acquired property benefits equivalent to KRW 90,000.

2. Around 03:00 on December 25, 2013, the Defendant received entertainment services equivalent to KRW 30,000,000 from the victim G, which was operated by the Defendant, for the following reasons: (a) inasmuch as the Defendant did not have a certain occupation and does not possess cash or credit cards, etc. at the time; and (b) did not have an intent or ability to pay the amount to pay for alcoholic beverages; (c) inasmuch as the Defendant received orders for alcoholic beverages, he/she did not have an intent or ability to pay the said amount; and (d) orders for alcohol and alcohol, etc. to the victim, he/she received entertainment services equivalent

Accordingly, the defendant, by deceiving the victim, acquired property equivalent to KRW 130,000 and proprietary benefits equivalent to KRW 30,000.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning G and D;

1. Each alcohol value receipt (No. 4 and 12 No. 12)

1. Previouss before ruling: The defendant shall be the defendant's inquiry report such as criminal records, investigation report (verification report such as the current status of custody), and his defense counsel's assertion.