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(영문) 울산지방법원 2017.09.18 2017고단2897
사기
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

On July 31, 2017, at the main point of the operation of the Victim C located in Ulsan-gu, Ulsan-gu, B around 21:00, the Defendant ordered C to pay the price as if he would be paid the price, and 8 C C, which is equivalent to the total market value of KRW 215,00,000, 1 C, and 400.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverages and alcohol from the injured party.

Nevertheless, the defendant had been provided with alcoholic beverages of 215,00 won in total by deceiving the victim as above.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (the stay of execution shall be selected within the scope of the basic area of fraud type 1 in consideration of various circumstances, such as the repetition of a crime, including the suspension of the execution of the same type, the risk of repeating a crime, but the scale of damage and the degree of reflectivity);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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