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(영문) 울산지방법원 2016.08.26 2015고정1457
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to imprisonment for three years and six months with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Ulsan District Court (a violation of the Punishment of Violences, etc.), and the judgment became final and conclusive on October 15, 2015.

On February 20, 2014, the Defendant, together with C on February 20, 2014, ordered both 4 C and 4 helper services as if they would pay the drinking value in a normal way even though the Defendant did not have any intent or ability to pay the drinking value.

The defendant deceivings the victim as above and received from the injured party alcoholic beverages in the aggregate amount of KRW 800,000,000 from the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, C and G (part forG);

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Each police statement protocol against C and E;

1. The investigation report (the 13, 14) ;

1. Previous convictions in the judgment: A written inquiry about criminal history and reply [the defendant Da saw the alcohol by fraud, and the defendant Da saw the alcohol by obtaining credit through telephone communications with G and a vocational week, so he did not have the intention to commit the crime of deception. However, the following circumstances are as follows: ① The defendant and C did not speak to the effect that he/she should enter the main points of this case to the effect that he/she would incur credit from the beginning, and then C will perform credit in the future after the order was made.

Having drinking, 2. G, a vocational drinking, is close to the defendant, but C is able to complete the drinking value.

However, it appears that the defendant reported credit to the defendant (the victim and G who did not pay the drinking value to the victim and G are also urged to urge the defendant to pay the drinking value and also accused C to file a complaint by fraud), ③ the defendant and C were not liable to pay credit from the injured person to each other, ④ The victim filed a complaint with the defendant for fraud, ⑤ the defendant filed a complaint with the defendant for fraud, ⑤ the defendant will pay the drinking value both.

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