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(영문) 울산지방법원 2015.01.14 2014고단421
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On June 27, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on the part of June 27, 2013, and completed the execution of the above punishment at the Busan Detention Center on October 22, 2013.

On February 12, 2014, at around 01:30, the Defendant entered the “E” entertainment drinking club operated by the victim D (Woo, 40 years of age) of Ulsan-gu C4, Ulsan-gu, as a customer. On February 12, 2014, the Defendant was aware that he would be paid to the victim even though he did not have the intent or ability to pay the price, and acquired the same pecuniary profit by deceiving the victim with two services from the victim.

[2014 Highest 548]

1. Around 22:00 on February 12, 2014, the Defendant issued an order for alcohol and service equivalent to KRW 350,000,000, in total, on both weeks 2 diseases, entertainment reception reception reception reception service, etc., with the same attitude as the Defendant, on the part of the victim F in Ulsan-gu G, Ulsan-gu, and paid the amount.

However, the defendant did not have the intention or ability to pay the price even if he orders the alcohol and service.

Nevertheless, the defendant deceiving the victim as such and obtained the alcohol and service equivalent to the above amount from the victim, namely, the victim.

2. Around 02:00 on February 13, 2014, the Defendant issued an order for alcohol and service equivalent to KRW 175,000,00 in total, including two weeks of disease, entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception

However, the defendant did not have the intention or ability to pay the price even if he orders the alcohol and service.

Nevertheless, the defendant deceiving the victim as such and obtained the alcohol and service equivalent to the above amount from the victim, namely, the victim.

[2014 Highest 1080]

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