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(영문) 울산지방법원 2017.02.03 2016고단4420
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to one year of imprisonment by the Ulsan District Court for fraud, etc. and completed the execution of the sentence on November 14, 2015.

On October 22, 2016, at around 01:20 on October 22, 2016, the Defendant, at the main point of the management of the victim D in Ulsan-gu, Ulsan-gu, by deceiving the victim as if he were aware of the fact that he did not have the intent or ability to pay the drinking value, and by ordering alcohol and alcohol.

The Defendant received 50,000 won of the market value from the injured party, namely, 50,000 won of the 40,000 won of the Si.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the personal confinement status and the result of inquiry;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination of sentencing guidelines [Type 10 million won or less] Class 1 (limited to a person subject to special sentencing] (limited to a person subject to recommendation): Imprisonment with prison labor for the same repeated crime (limited to the scope of punishment), from one year to two years (limited to aggravating area) (limited to a person subject to general sentencing): The factors subject to serious reflective aggravation: Offenses of criminal conviction (limited to a suspended sentence for less than ten years after the completion of execution) that does not constitute a repeated offense; - Suspension of execution (proviso to Article 62 (1) of the Criminal Act) is impossible due to a crime committed for a period not exceeding three years after the completion of the execution of imprisonment with prison labor (limited to a suspended sentence for less than five years or a fine for more than three times): If the substantial damage is considerably small (limited to a case where the amount of damage has not been recovered finally) - There is no positive reason for the suspension of execution, or if there is a very negative reason for the suspension of execution of execution at least two times, or if there is no positive reason for the damage of the defendant’s health;

2. Crimes with similar contents to be considered in addition.

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