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(영문) 수원지방법원 평택지원 2015.04.24 2015고단391

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 17, 2013, from around 17:00 to 23:38 of the same day, the Defendant used a computer for two hours from “EPC room” in the operation of the victim D on Pyeongtaek-si C and the second floor, and received food equivalent to KRW 8,200, such as drinking water.

However, in fact, the Defendant did not have any money at the time, and even if he was provided with food such as drinking and drinking water, there was no intent or ability to pay the money.

Nevertheless, as above, the Defendant, by deceiving the victim as above, was provided with the PC use service and food from the victim, and did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant, for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, has several historys of punishment for the same type of fraud, it is necessary to strictly punish the defendant in light of the fact that the defendant committed the crime of this case. However, there is no history that the defendant has been punished in excess of the fine, and there is no history that the defendant has been punished in excess of the fine, and other circumstances indicated in the record, such as the age, character and conduct of the defendant, and family environment, the execution of imprisonment is suspended at once once, and the sentencing guidelines are recommended and sentenced to a lower sentence than the lower limit in the sentencing guidelines (6-16 months).