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(영문) 울산지방법원 2017.10.12 2017고단1615
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 31, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Ulsan District Court, and completed the execution of the sentence on December 20, 2016.

[2017 Highest 1615] On April 15, 2017, the Defendant ordered the victim D, who is a business owner, to provide the drinking value as if he would have paid the drinking value at a singing room located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and ordered the victim D to provide the drinking value.

However, the defendant did not have any intention or ability to pay the drinking value to the victim because there is no money in water.

Nevertheless, the Defendant had been provided with the total amount of KRW 220,000,000, including the two weeks of 130,000,000 in the market price, and the loan service with Agju and Agju, by deceiving the victim as above.

Accordingly, the Defendant had taken property benefits by deceiving the victim as above.

[2017 Highest 3016] On May 11, 2017, the Defendant showed the attitude that the Defendant would pay the drinking value in the “singing room” operated by the Victim F in Ulsan-gun E, Ulsan-gun, and ordered the Defendant to do so.

However, the defendant did not have an intention or ability to pay the drinking value because he did not possess a credit card, etc. that can be used in cash or by means of payment, only one post office passbook with no balance at the time.

Nevertheless, the defendant deceivings the victim as above, and thereby acquired it by deceit even though he was provided with alcoholic beverages and services equivalent to the total market value of KRW 2,10,000,000, including services of two weeks and one Domimi, from the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Previous convictions in its holding: 2017 order 1615 investigation report (netly 6), investigation report on evidence (netly 6), personal confinement status (2017 order 1615 order);

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Account statement (2017 high group 3016);

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of the receipt statute

1. Criminal facts;

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