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(영문) 수원지방법원 안산지원 2014.09.19 2014고단1239

사기

Text

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

Reasons

Punishment of the crime

On September 20, 2012, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Incheon District Court on September 20, 2012, and the suspended sentence becomes final and conclusive on September 28, 2012.

1. On May 12, 2014, around 07:35, the Defendant demanded the victim to seat the PC in the “EPC” operated by the victim D in Ansan-si, Ansan-si, Ansan-si, as if the victim D had an intention or ability to pay the fare.

However, the defendant did not have the intention or ability to pay the charge.

As such, the Defendant, by deceiving the victim, was provided with the PC seat from the victim, and used the PC for about about 16 hours and 30 minutes, was ordered to use it, and then acquired the PC equivalent to 19,300 won and suffered property loss equivalent to the same amount as the victim.

2. On May 19, 2014, the Defendant acquired 10,800 won by using PC during about nine hours at the PC operated by the victim G in Ansan-si, Ansan-si, Ansan-si, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D or G preparation;

1. Previous convictions: References to criminal records and investigation reports (limited to criminal records before the suspension of the execution of a suspect and related judgments);

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

1. From among concurrent crimes, there is no favorable circumstance that the amount of damage for reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not significant, the victim G and the defendant agree smoothly with the victim, and the fact that the defendant is against each of the instant crimes of the same kind is committed during the suspended execution period due to the crime of fraud as stated in the first head of the judgment. In addition, there is a history of punishment for the same kind of crime, and in particular, the defendant committed the money using the PC of the same kind of crime during the suspended execution period.