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(영문) 수원지방법원 안산지원 2017.09.14 2017고단2128

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal history] On June 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny in the support of Suwon Fagwon, and the judgment became final and conclusive on June 16, 2017.

[2] The Defendant and B, despite the absence of the ability to pay the PC usage fee, etc., conspired to play in the PC room, and enter the PC operated by the victim D in Pyeongtaek-si from around 00:03 to around 03:00 the following day, on April 6, 2017, the Defendant and B acquired a pecuniary benefit equivalent to the amount of money by failing to pay the PC usage fee or food value as if they would act as if they would pay the PC normally despite the absence of the intent or ability to pay the PC usage fee or food value, by deceiving the victim, using the PC, and by inducing the victim. If the Defendant and B were to receive food from the victim, such as the PC, even if they did not pay 61,400 won of the price

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Data, etc. on the amount of damage;

1. Previous convictions in judgment: Investigation report (the final report of the case among the suspect A trial), and application of the text of the judgment;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The latter part of Article 39(1) of the Exempted Criminal Act (the latter part of Article 39(1) shall be considered in consideration of equity in cases of habitual larceny for which the judgment in the judgment becomes final and conclusive and the crime of this case at the same time, the damage incurred by the crime of this case is relatively minor, and the circumstances of the defendant's family are not adequate);