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(영문) 울산지방법원 2017.11.02 2017고단1451
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on November 17, 2014, and completed the execution of the sentence on November 15, 2015.

[2017 Highest 1451] On May 2, 2017, the Defendant: (a) received an alcoholic beverage amounting to KRW 540,00,00 from the injured party, i.e., a person who did not have a certain occupation and income from the victim’s management D on May 2, 2017, Nam-gu C Underground 1, Nam-gu, Ulsan-gu, and did not have any money; and (b) did not have an intent or ability to pay the alcohol value even if he received the alcohol from the injured party E; and (c) received the alcohol amounting to KRW 540,00 from the injured party.

[2017 Highest 2825] On May 30, 2017, the Defendant, at around 19:30 on May 30, 2017, conducted as if he would pay the normal drinking value in the “H” operated by the victim G in Busan Y, and ordered the victim to do so.

However, the Defendant did not have any intent or ability to pay the price even if the balance of the account linked to the Postal Card held by the Defendant had no cash at the time was provided with alcohol and helper services from the injured party due to lack of balance.

The Defendant, as above, was informed of the victim and was provided with the total sum of 2,90,00 won from the victim, namely, the two weeks of service charges from the victim.

Accordingly, the defendant acquired property benefits by deceiving the victim.

[2017 Highest 3422] On August 15, 2017, the Defendant issued an order from KK operated by the victim J in Busan High-gu, Busan High-gu on August 15, 2017 to make payment later to the victim who requested pre-paid payment as if he/she had been placed in the back part of his/her own fry, with a paper attached in advance on the back part of his/her own fry, as he/she had been placed on the back part of his/her fry, and made payment later.

A false statement was made.

However, the Defendant was well aware that there was no cash at the time, and that the balance of the account linked to the Postal Card was insufficient.

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