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(영문) 울산지방법원 2015.4.10.선고 2015고단498 판결

2015고단498,(병합)사기

Cases

2015 highest 498, 2015 highest 513 (Consolidation) Fraud

Defendant

A (68 years, South Korea), free from office

Prosecutor

Kim Sung-sung, Lee Jin-hee (prosecutions) and Park Jong-hee (Trial)

Defense Counsel

Attorney Shin Jae-ju (National Assembly Line)

Imposition of Judgment

April 10, 2015

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Facts of crime

On March 21, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Ulsan District Court on March 21, 2015, and completed the execution of the sentence in the Ansan Prison on March 1, 2015.

[2015 Highest 498]

1. On March 6, 2015: around 00, the Defendant was provided with alcoholic beverages and services worth KRW 450,000,00 in total, including the two-way disease, one-time city with an entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception of 00,0000,0000 won reception reception reception reception reception reception reception.

Accordingly, the defendant, by deceiving victims two times, acquired pecuniary benefits.

" 2015 Highest 513"

On March 5, 2015, at around 00, the Defendant: (a) obtained alcoholic beverages and services worth KRW 350,000,000 in total, including two illnesss, two entertainment receptions, and entertainment receptions services, from the victim, even though the Defendant did not have any money in his/her possession and even if he/she was provided with alcoholic beverages and entertainment receptions services from the victim, he/she did not have any intent and ability to pay the said money; and (b) obtained the said money from the victim.

Summary of Evidence

Before the ruling: Criminal history records and other statements, investigation reports (reports attached to judgments), dispositions not yet made, and individuals;

The status of reduction / Expropriation

[2015 Highest 498]

1. Defendant's legal statement;

1. Protocol of police statement concerning C;

1. A written statement under B;

1. Each receipt and a note note;

" 2015 Highest 513"

1. Defendant's legal statement;

1. Written statements;

1. Receipts:

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 347(1) of the Criminal Code, each choice of imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100 million)

[Person under Special Leave]

For habitual offenders, the same repeated offense:

【Determination of Sentence】

The fact that the defendant is waiting to commit a crime and is against the defendant, and that the amount of damage is not less than the amount, is an element of sentencing favorable to the defendant.

The criminal records of the defendant, including 18 times of imprisonment with prison labor, two times of suspended execution power, are 28 times of criminal records, and the criminal records of the same kind of crime were committed, and the criminal records of this case were committed, and the criminal records of this case were repeated every day before the arrest and detention of this case, and the defendant's repayment of damages or failure to agree with the victim are elements for sentencing disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, etc. shall be determined as ordered in consideration of various conditions of sentencing.

Judges

Judges Jeong Sung-ho