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(영문) 울산지방법원 2014.07.25 2014고정347
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 6, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and the judgment became final and conclusive on September 14, 2013.

[2014 High Court Decision 347]

1. On February 19, 2013, the Defendant: (a) around 20:00, at the main point of “D” operated by the victim C in Geum-gu, Busan; (b) notwithstanding that the Defendant did not have the intent or ability to pay the price even if having received alcoholic beverages, etc. from the victim, the Defendant ordered the victim to pay the price as if he would be paid the price; and (c) the Defendant ordered the victim’s payment of the price at a set of tobacco amounting to KRW 170,00 in the market price and KRW 2,500 in the market price; and (d) the Defendant received it from the victim, namely,

[2014 fixed 411]

2. On March 8, 2013, the Defendant: “G” operated by the Victim F in Yangsan-si, and the Defendant, despite having no intent or ability to pay the price, was engaged as if he/she would pay the price, and ordered alcoholic and singing services as if he/she were to pay the price, and he/she acquired pecuniary benefits equivalent to the amount of KRW 90,00 in the manner that he/she did not pay the amount of KRW 990,00,000 after he/she was provided with alcoholic and musical services from the victim, i.e., alcoholic and musical services.

[2014 High Court Decision 444]

3. At around 21:00 on May 24, 2013, the Defendant ordered the Victim I’s I’s “Jnong” operated in Yangsan-si, and even if the Defendant did not have the intent or ability to pay the drinking value, the Defendant ordered both-in-state 2 soldiers and helper services as if they would pay the drinking value normally, and then acquired the pecuniary benefits equivalent to the said amount after receiving the Victim’s alcoholic beverages equivalent to the total market value of KRW 445,00,000 from the tin, namely, alcoholic beverages and helper services.

[2014 High Court Decision 462]

4. The Defendant, on January 15, 2013, at the 3rd floor of the Kugu-gu, Busan, to receive a loan from the victim L in lieu of KRW 412,890,00, which was attached to the 2002-type UNF vehicles (M and the Defendant’s possession).

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