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(영문) 대전지방법원 2016.08.26 2016고단307

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 26, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud at the Jeonju District Court on September 26, 2014 and completed the execution of the sentence on June 3, 2015.

On February 12, 2016, the Defendant: (a) on February 12, 2016, the fact in the DP room located in Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon on the following: (b) on February 12, 2016, the Defendant had no intent or ability to pay the price even if using the room. (c) Notwithstanding the absence of intent or ability to pay the price, if using the room to the victim E, the Defendant was able to pay the price to the victim E; and (d) he was provided with the place from the damaged by the victim and used the room for 16 hours, but did not pay the price equivalent to 16,600 won.

On February 19, 2016, the Defendant: (a) on February 19, 2016, the GPC room located in Asia-si around 19:30, and (b) on February 19, 2016, despite the lack of intent or ability to pay the price, the Defendant was engaged in the act as if the victim H would pay the price when using the PC; and (c) from the time when the PC was provided to the damaged party for 15 hours from February 20, 2016, the Defendant acquired the pecuniary benefit equivalent to 18,000 won because the PC was used by the damaged party for 15 hours from the time of its use until October 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the E and H statements;

1. Criminal records as stated in the judgment: Application of the Acts and subordinate statutes on investigation reports (the details and sentences of the Supreme Court case and attachment of personal and expropriation status);

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 for aggravated repeated crimes;

1. The punishment of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with regard to H, the higher punishment than the punishment prescribed in the crime of fraud) shall be included in the same type of repeated crimes, reflectivity, and minor amount of damage as the grounds for sentencing.