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(영문) 울산지방법원 2017.05.02 2016고단4678
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On April 29, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Ulsan District Court, and on July 13, 2016, the Defendant completed the execution of the sentence at the first intersection of the North Korean Northern District Court.

1. On November 26, 2016, from around 15:18, to around 19:00 on November 28, 2016, the Defendant against the victim C was provided with “EPC room” in the management of the victim C located in Ulsan-gu, Ulsan-gu, Seoul-do, as well as with “EPC room” in the management of the victim C, even if there was no cash or credit card payment means under water, and the Defendant was provided with the PC using the PC service from the victim, while receiving the PC service from the victim.

Accordingly, the defendant, by deceiving the victim, acquired property equivalent to KRW 8,200 and property benefits equivalent to KRW 45,500 from the victim.

2. On November 28, 2016, from around 21:40 to December 20, 2016, the Defendant, against the victim F, by deceiving the victim from the victim F’s “HPC room” located in Ulsan-gu, Ulsan-gu, Seoul-gu, in the same manner as Paragraph 1, thereby acquiring pecuniary benefits equivalent to KRW 13,100 from the victim’s damage.

3. On December 14:35, 2016, the Defendant, against the victim I, by deceiving the victim in accordance with paragraph 1 in the “KPC room” of the victim I’s “KPC room in Ulsan-guJ” from around 14:35 to 23:43 the same day, thereby obtaining pecuniary benefits equivalent to KRW 11,00 from the victim.

4. On December 22, 2016, from around 22:00 to December 37, 2016, the Defendant, as to the victim L, by deceiving the victim in the “NPC room” of the victim L management in Ulsan Nam-gu M in Ulsan-gu, Ulsan-gu by the method referred to in paragraph 1, thereby obtaining pecuniary benefits equivalent to KRW 13,900 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, F, and L;

1. Recording notes of I;

1. Details of use of each PC, and a list of seat status;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The Criminal Act for aggravated repeated crimes.

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