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(영문) 울산지방법원 2015.11.19 2015고단2567
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Justice] On October 8, 2010, the Defendant was sentenced to a fine of KRW 500,000 for fraud at the Busan District Court on February 24, 2012; a fine of KRW 700,000 for the same offense in the Busan District Court’s Dong Branch Branch on October 22, 2012; a fine of KRW 1.5 million for the same offense in the Busan District Court’s Dong Branch on December 24, 2013; a fine of KRW 2 million for the same offense in the Busan District Court on March 13, 2014; a fine of KRW 3 million for the same offense in the Busan District Court on March 18, 2014; and a fine of KRW 500,000 for the same offense in the Busan District Court on July 30, 2015; and a suspended sentence of KRW 26,000 for the same offense in March 25, 2015.

【Criminal Facts】

The Defendant, from July 17, 2015 to 03:30 on July 18, 2015, hereinafter “E” operated by the Victim D (A. 53 years of age) in Ulsan-gun, Ulsan-gun from around 21:30 to 03:30 of the same month, the Defendant acquired the pecuniary benefits equivalent to the amount of money by failing to pay the alcohol value, even though he was provided by the victim with cash and credit cards, etc. in his possession without a certain import as a daily worker, and because he did not have any intent or ability to pay the alcohol value even though he had no cash and credit cards, etc. in his possession, he was provided by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (Attachment to the same type of judgment, verification during the period of suspension of execution);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of alternative sentence of imprisonment [the scope of recommending sentence] General Fraud (the period of less than 100 million won) is the basic area (6 months to 1 year and 6 months) [the decision of sentencing] of the defendant. However, there are many of the same forces and the same kind of force during the suspended sentence period.

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