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(영문) 울산지방법원 2015.09.24 2015고단511
사기
Text

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

Reasons

Punishment of the crime

On July 24, 2014, the Defendant sentenced the Ulsan District Court to eight months of imprisonment for fraud, and completed the execution of the sentence in the Ulsan Detention House on February 7, 2015.

On February 10, 2015, the Defendant, “2015 Highest 511,” was issued from the victim, i.e., KRW 520,00,00,00 from the market price, as if he were to pay for the fact, at the E-mail store operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul, despite the absence of the intent or ability to pay for the safety.

The following seals are affixed from around 23:00 on July 23, 2015 to the defendant of "2015 Highest 1859"

7. From 24. 05:00 to 05:00, the “H key point” in the operation of the Victim G G in Ulsan-gu, Ulsan-gu. The fact was committed as if the above victim had no intent or ability to pay the alcohol value, and was committed by falsity as if he were to pay the alcohol value. Accordingly, the victim was provided with alcohol equivalent to KRW 440,00,00,000 from the victim, but did not pay the alcohol amounting to KRW 2 disease and five disease disease, thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

"2015 Highest 511"

1. Defendant's legal statement;

1. Written statements of D;

1. An investigation report (as to attachment of an inner prescription prepared by a suspect, a prescription against an inner prescription);

1. Records of seizure and the list of seizure;

1. Photographs of damaged articles 2015Nomen1859;

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. "Prior Crimes in the Market" of a receipt;

1. The application of Acts and subordinate statutes on criminal records, etc., references to criminal records, pre-dispositions, reports on results of confirmation, copies of each judgment, and current status of individual identification and confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the mitigation area (one to one year), the mitigation area (one to one year), the mitigation area (one to one year), or the damage recovery from a considerable part, of the concurrent offenders.

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