2013 Highest 3619, 3728 (Joint), 3855 (Joint), 3962 (Joint), 2014 Highest 93

(Consolidation) Fraud

A person shall be appointed.

Flags, Egypts, Gambags, Gambags, Permitted (prosecutions), Kim Flags (Public Trial)

Attorney-at-Law and higher-ranking (Korean National Assembly)

March 21, 2014

A defendant shall be punished by imprisonment for one year.

Criminal facts

On February 6, 2013, the Defendant was sentenced to 10 months of imprisonment for fraud in Busan District Court’s Dong Branch Branch Branch, and completed the execution of the sentence in Daegu Prison on October 18, 2013.

[2013 Highest 3619]

On October 24, 2013, at around 00, the Defendant ordered 210,000 won in total, including the Victim B, who was on the second floor of Ulsan-gu, Ulsan-gu, the victim B, as a customer, to enter the said facility, and to pay the amount. At around 00, the Defendant ordered 210,000 won in total.

However, the defendant did not have any particular income and did not have any other means of payment such as credit cards, etc. at that time, because he did not have any specific income, and there was no intention or ability to pay the price.

The Defendant deceptioned the victim as above and obtained pecuniary benefits equivalent to the same amount after being provided with alcohol and service equivalent to the above amount from the victim, i.e., the victim.

[2013 Highest 3728]

1. On October 24, 2013, at around 00:20, the Defendant: (a) received three illnesss of the amount equivalent to KRW 730,00 in the market price from the victim, who pretended to be paid even if the victim D did not have the ability or intent to pay the price even if he/she orders alcoholic beverages, and acquired the same amount of financial benefits.

2. The Defendant: around 00 on October 27, 2013: around 40, 20, “Gnok-ju store operated by Ulsan-gu, Ulsan-dong, and the victim F with the second floor,” which is the “Gnok-ju store”, under the premise that even if ordering alcoholic beverages, etc., it would have been paid without the ability or intent to pay the price, and that it would have acquired the same amount of financial benefits from the victim after being provided with the victim’s 180,000 won and 180,000 won of the market price.

[2013 Highest 3855]

On November 1, 2013, 00: around 27, 2013, the Defendant was provided with 420,000 Scarbs 12,00 won in the market price and 220,000 won in the same amount as the Defendant was able to pay alcoholic beverages, etc. even if the Defendant orders alcoholic beverages, etc., and acquired property benefits at the same price.

[2013 Highest 3962]

On October 22, 2013: around 00, the Defendant’s intent or ability to pay the price due to the absence of cash or credit cards, etc. possessed by the victim K in the victim K in the Busan East-gu, Busan, a hot spring 3-dong.

Despite the absence of such an attitude as to pay the price normally, the owner of alcoholic beverages, etc. ordered the order, and received two disease, drinking water, tobacco, etc. from the victim in the amount of KRW 290,00 in the market price.

Accordingly, the Defendant, from the time of deceiving the victim and deceiving the victim, obtained the alcohol, 000 won, and algos, from November 29, 2013 to May 53, 2013, the Defendant received property or acquired property benefits worth KRW 5,260,000 in total from eight times, such as the list of crimes in the attached Table.

【2014 Highest93】

On November 15, 2013: at least 00, the Defendant: (a) had been provided with alcohol or food equivalent to KRW 180,000,00 in total, as if the Defendant had no money in the number and had no intention or ability to pay the amount even if he had been provided with alcohol or food from the victim; (b) had deceiving the victim as if he had not been paid the amount, and acquired pecuniary profits equivalent to the same amount after being provided with alcohol or food equivalent to KRW 180,000 in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

[2013 Highest 3619]

1. A written statement under B;

[2013 Highest 3728]

1. The statement of each police officer made to F and D;

[2013 Highest 3855]

1. The police statement of H;

1. Written statements of J;

[2013 Highest 3962]

1. Each police statement made to 0, P, Q, R, S, T, U, and K

【2014 Highest93】

1. Written statements;

【Prior Records of Judgment】

1. Criminal records, investigation reports (Attachment to written judgments), personal identification records, and current status of personal confinement;

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 (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Code

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravated Victims Q with the largest Crime)

(A) Aggravation of concurrent crimes with respect to the penalty specified in fraud

Reasons for sentencing

Except for the case where the defendant had a majority of the criminal records of the same kind, and 40,000 days have passed since he was discharged from the same crime, the punishment as ordered shall be determined in consideration of the fact that only 13 times the crime of this case was committed, and the damage recovery measures were not taken at all.

Judges Lee Jae-in