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(영문) 수원지방법원 2015.06.10 2014고단6712

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 25,00 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[criminal power] On April 28, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the branch court of Suwon District Court on September 16, 2014, and completed the execution of the sentence.

[2014 Highest 6712]

1. On November 23, 2014, from around 14:02 to around 01:35, 201: (a) in the “F” room for the operation of the victim E on the third floor of the building D (Seoul Metropolitan Area D) of the Yongsan-si Building, the Defendant: (b) had no money; and (c) despite the lack of intent and ability to pay the price even when using a computer as a result of the lack of money, the Defendant carried out the act as if he were to pay the fee if using a computer to his employees; and (d) obtained the pecuniary benefits equivalent to KRW 11,300 from the victim by using the computer.

2. On November 27, 2014, the Defendant, from around 08:10 to around 22:46, 2014, at the “J” bank of the victim I on the 5th floor of the HA building in Chungcheongnam-gu Hagu H. H. from November 28, 2014, inasmuch as there is no money, even if a computer is used as a result of the lack of intent and ability to pay the cost, the Defendant carried a computer as if the victim were to use the computer, used food, and obtained pecuniary benefits equivalent to KRW 57,00 from the victim.

3. On November 28, 2014, the Defendant: (a) from around 23:00 to around 04:00 on November 29, 2014, the “M for the operation of the Victim L, located in G, Young-gu, Young-gu; and (b) notwithstanding the fact that there is no money and even if using a computer, the Defendant did not have the intent and ability to pay the price thereof; (c) provided employees N with the use of the computer, the Defendant used the computer as if he would pay the said fee; and (d) obtained the pecuniary benefits worth KRW 5,000 from the victim.

[2014 Highest 7072]

1. The Defendant, from around 02:30 on September 26, 2014 to around 10:15, 2014, was in QPC room for the victim’s PP operation in Seocheon-si from around 02:30 on September 26, 2014, and even if using a computer due to the lack of money, the Defendant fulfilled its duty to pay the price to the victim.