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(영문) 울산지방법원 2016.10.06 2016고단2263
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 7, 2016, the Defendant committed a crime against the victim C showed an attitude that the Defendant would normally pay the amount in the “Esing” operated by the victim C (the age of 43) in Gyeyang-si, and ordered the victim to do so.

However, the defendant did not have cash in possession at the time and did not have any intention or ability to pay liquor tax because there was no particular income or property.

As above, the Defendant was provided with alcoholic beverages and services equivalent to KRW 500,000,00, by deceiving the victim as above and receiving one entertainment receptionist from the victim.

2. On June 13, 2016, the Defendant committed a crime against the Victim F: (a) expressed the attitude that the Defendant would normally pay the amount in the “H singing” operated by the Victim F (the 42-year-old age), and ordered the Victim F to do so.

However, the defendant did not have cash in possession at the time and did not have any intention or ability to pay liquor tax because there was no particular income or property.

As above, the Defendant was provided with alcoholic beverages and services equivalent to KRW 4.10,000 by deceiving the victim and being provided with the two main weeks and one amusement receptionist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Application of each receipt statute;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed a crime of the same kind, including a criminal record, almost habitually. The victim is found to have been found to have been committed, and there is a lack of serious reflectiveness of the crime, which is the premise of the wife of the crime, by finding the victim.

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