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(영문) 울산지방법원 2017.05.16 2017고단1032
상습사기
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

On February 5, 2013, the Defendant received a summary order of KRW 500,000 as a penalty for fraud from the Ulsan District Court, and on February 21, 2013, the same court was sentenced to the suspension of the execution of six months for the same crime. On April 23, 2013, the same court issued a summary order of KRW 300,000 as a fine for the same crime, the summary order of KRW 300,000 as a fine for the same crime in the same court on July 8, 2013, and the summary order of KRW 300,000 as a fine for the same crime in the same court on December 23, 2013, respectively.

After that, on August 19, 2016, the same court was sentenced to six months of imprisonment for habitual fraud and completed the enforcement of the sentence on October 18, 2016 in the Port of the Republic of Korea on October 18, 2016, and the same criminal record is more than ten times.

On January 7, 2017, the Defendant appeared to have paid the drinking value at the victim D (W, 44 years old) located in Yangyang-si, Yangyang-si, Yangyang-si, the Defendant issued orders to the victim 1st and 2 weeks each week, provided entertainment facility for 2 hours, and used the singing room.

However, the defendant had no intention or ability to pay the drinking value because he did not possess a credit card, etc. which is usable as cash or means of payment at the time.

The Defendant, as above, did not pay a total amount of KRW 250,000,00,000, including KRW 150,000,000,00 from the injured party, by deceiving the injured party and being provided alcoholic beverages and services equivalent to the total amount of KRW 1530,00,00,00 from around that time to February 6, 2017, as shown in the list of crimes attached hereto.

In this respect, the defendant had taken property benefits by deceiving victims habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, D, F, G, and H;

1. Each receipt, on-site photograph, 112 report processing slip, and business registration certificate;

1. Each report on investigation;

1. Previous convictions: Inquiry of criminal history and investigation reports;

1. Habituality of the judgment: the judgment.

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