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(영문) 춘천지방법원 2013.12.19 2013고단483

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On April 13, 2013, from around 19:14 to April 13:00, 2013, the Defendant used the said PC without paying the PC amount equivalent to KRW 117,700,00 in total, including KRW 107,00,00, food expenses, and KRW 10,70,000, when using the PC.

From around that time to May 12, 2013, the Defendant did not pay the price by a similar method six times in total, as shown in the attached list of crimes, between Chuncheon and the original city, and acquired the pecuniary profit of KRW 417,000 by using the PC bank.

Accordingly, the defendant deceivings victims to acquire financial benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of each statute of H, I, and J;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Determination of Punishment] The reason for the sentencing of Article 62-2 of the Probation Criminal Act (Determination of Punishment] below 100 million won [the scope of recommendation] basic area [the scope of suspension of execution] from June to June 1 year / [the reason for major reference] - Agreement of the same kind (not more than five years of suspension of execution, not less than three years of suspension of execution, or not less than three times of suspension): In a case where the amount of positive loss is considerably small or considerable damage is recovered, the reason for the general reference - there is no criminal conviction or more than four times of positive loss (decision of sentence] for the defendant, and there is no criminal conviction or more than four times of suspension of execution, but it is strictly required that the defendant is punished, such as that there is no agreement with the victims until now.