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(영문) 광주지방법원 순천지원 2015.12.15 2015고단145

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On March 14, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence on September 7, 2014.

On January 13, 2015, from around 18:27 to January 13:42, 2015, the Defendant was provided with the victim’s PC operated by the victim C in Bosung-gun, Bosung-gun as if he would normally pay the price to the victim, and was using the computer.

However, the defendant did not have any intention or ability to pay the price even if he used a computer and received food on the ground that he had no money.

As such, the Defendant did not pay 25,900 won in total while deceiving the victim and being provided with computers and food from the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs and receipt of the screen of the settlement of user prices;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning inquiry reports, copies of written judgments, and current status of personal identification and confinement;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation Form] and the reason for the sentencing of Article 35 of the Criminal Act (where a person who has been specially mitigated] is committed a deceitful act (100 million won or a person who has been specially mitigated) in the mitigation area (1 to 1 year), or where the degree of deception is weak, / The fact that the amount of deception is minor: the normal fraud favorable to 4 months: The fact that the amount of deception is minor: the fact that the amount of deception is against the minor: the fact that the risk of recidivism is very high in light of recidivism during the period of the same repeated offense and other cases of the same summary indictment; this case appears to have no meaning to sentence a fine for the crime committed without any money or income of the defendant;