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(영문) 울산지방법원 2018.11.30 2018고단3040
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

The Defendant was sentenced to six months of imprisonment for habitual fraud at the Ulsan District Court on August 19, 2016. On July 6, 2017, the same court was sentenced to nine months of imprisonment for the same crime and completed the execution of the sentence in Daegu Prison on December 31, 2017, and the same criminal record was more than fifteen times.

Defendant

On September 27, 2018, the victim C, operated in Yangsan City B, had a view that he/she would pay the victim the price of alcoholic beverages, services, etc. in spite of the victim's intention or ability to pay the price. On September 27, 2018, he/she ordered 1 Byung-ri and 3 Byung-ri and received the service of entertainment reception reception facility for 2 hours, and used the singing room.

As above, the Defendant acquired property benefits by deceiving the victim and being provided alcoholic beverages and services equivalent to the market price of 2.50,000 won from the victim, but not paying the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A receipt for the value of alcoholic beverage;

1. A report on internal investigation (attaching photographs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, results of the search of prisoners, report on investigation (Attachment to confirmation of the same record as the suspect, text of judgment, etc.);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the type of determination] / General Fraud / [the person who is subject to special sentencing of less than KRW 100 million] - Insoming elements of mitigation - [the scope of recommendation] mitigation area / [the scope of recommendation area] one month to one year / [the sentence] above sentencing factors, together with the above sentencing factors, the defendant has a large number of records of punishment for the same defendant, and the same type of punishment was committed again during the period of repeated crime after the execution of imprisonment with prison labor as a crime of several laws has been completed.

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