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(영문) 울산지방법원 2017.03.30 2016고단4354

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2016, the Defendant: (a) 23:00 on November 30, 2016, the victim C working in Ulsan-gu, Ulsan-gu, as an employee, would normally pay the alcohol value at the room No. 18 “D”; and (b) ordered the victim to provide alcohol and the alcohol.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol or alcohol from the injured party due to the lack of cash or other means of payment.

The Defendant, as such, by deceiving the victim, received delivery of an amount equivalent to 2.90,00 won at the market price, such as the two weeks, at the same time, from the injured party.

2. The Defendant damaged property: (a) performed time costs as a matter of the payment of the foregoing C and the alcohol value at the same time and at the same place as paragraph (1); (b) cut off the tables in the above studio with the studs, string off the glass residues in the above studs; and (c) attached the air clean.

As such, the Defendant destroyed and damaged the property of approximately KRW 800,000,000 at the market price, which is the name of the business owner who owns the above age club.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has been punished or has been committed for the same offense over 12 times, and that a considerable number of the defendants are expected to have acquired alcohol, etc. without the intention or ability to pay the price as in this case, and even though the punishment has been imposed several times, the defendant need not take into account the strict punishment corresponding to it in that the improvement of the character and conduct has not been made.

Provided, That the agreement has been reached smoothly with the victim, and the defendant is again made.