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(영문) 울산지방법원 2015.05.22 2015고단718
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 23, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence in the Southern Prison on January 24, 2015.

1. On March 31, 2015, around 19:30 on March 31, 2015, the Defendant ordered alcohol and alcohol from 3 Enosok points in the Enosok points in the operation of the victim D in Ulsan-dong, Ulsan-gu, Seoul, to pay the alcohol value.

However, there was no intention or ability to pay the drinking value.

The Defendant, by deceiving the victim as above, received from the victim the total amount of KRW 150,00 in the market price of the two weeks and one day-to-day in the same place.

2. The Defendant: (a) destroyed and damaged property at the same date and time as in the preceding paragraph, and at the same place as in the above victim’s request for calculating the drinking value, and (b) destroyed 30,000 won of the market price, 10 glass cups equivalent to 90,000 won of the market price owned by the victim, which was attached to 10,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written estimate;

1. Each photograph;

1. Investigation report (investigation into suspect's belongings, damage to property, etc.);

1. Previous records: Application of criminal records, investigation reports (report on criminal records, etc. of the same kind of crime as a suspect and report on the completion date of sentence A of the suspect);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment], the mitigation area (one to one year), the mitigation area (one to one year), the mitigation area (one to one year), or a considerable partial recovery from damage, of the concurrent offenders / the decision of sentencing] of the same kind of repeated crime [the decision of sentence] is against the defendant's recognition of the crime and damage.

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