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(영문) 대구지방법원 2018.11.06 2018고단2659

절도등

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A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than two months with prison labor for the crimes of No. 1 and No. 3 of the judgment of the defendant.

(b).

Reasons

Punishment of the crime

[criminal history] On August 24, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny for six months at the Jeonju District Court, which became final and conclusive on September 1, 2017, and is currently under the suspension of the execution.

"2018 Highest 2659"

1. On May 23, 2018, the Defendant: (a) placed in D Mart located in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu; (b) placed a water-resistant leart-pathy day equivalent to KRW 20,000 in the market price where the victim E was displayed using a gap where management of the victim E was neglected; and (c) stolen it.

"2018 Highest 4253"

2. From January 17, 2016 to February 7, 2016, the Defendant stayed in “HPC room” operated by the victim G located in Daegu Dong-gu, Daegu from January 17, 2016 to February 7, 2016, while allowing the Defendant to use the PC room, and granting food, he/she would have paid the price.

However, as the defendant does not have the means of payment such as cash or credit card at the time, the defendant did not have the intent and ability to pay the price to the victim even after using the PC room or receiving food delivery.

The defendant deceivings the victim as above, and from January 17, 2016, the defendant

2. Until July 2, 200, the PC used the above PC room and received food delivery, and acquired pecuniary profits equivalent to 242,400 won in total by means of not paying the price.

3. From around September 13, 2018 to September 14, 2018, the fraud Defendant left the PC room as described in paragraph (1) operated by the said victim from around 11:00 on September 13, 2018 to around 10:00 on September 14, 2018, and was committed as if he/she would pay the price for the use of the PC and deliver food.

However, as the defendant does not have the means of payment such as cash or credit card at the time, the defendant did not have the intent and ability to pay the price to the victim even after using the PC room or receiving food delivery.

Defendant deceiving the victim as above and received food from around 11:00 on September 13, 2018 to around 10:00 on September 14, 2018.