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(영문) 의정부지방법원 2018.01.29 2017고단5182

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] The Defendant, at the Seoul Central District Court on March 10, 2017, was sentenced to six months of imprisonment for fraud; on May 11, 2017, three months of imprisonment for larceny of intrusion on a night structure; and on October 19, 2017, completed the execution of the sentence.

[2017 Highest 5182] On November 12, 2017, the Defendant sent the same attitude to pay the user fee in the “D” room located in the Council city C, 22:34 on November 12, 2017, and ordered the victim E to use and food the PC.

However, since the defendant was in know-how due to the absence of a special occupation or property, there was no intention or ability to pay the price for using the PC.

As above, the Defendant, by deceiving the victim, used the PC from around 07:00 to around 07:00 on the following day, obtained food, such as the instant World Cup, and obtained property and property benefits equivalent to KRW 32,700.

[2017 Highest 5566] On October 28, 2017, the Defendant: (a) around 22:59, operated the victim’s name in the first floor in Gangnam-gu Seoul (Seoul) (GPC room; (b) in fact, the Defendant did not have a certain occupation and variable property since he was released; and (c) the Defendant did not have a cash or credit card, etc. and did so even if he did not have the means of payment, he did not have the ability to pay the cost, despite having the absence of the ability to pay the cost, he ordered the above PC’s request for computer use and food to H, who is an employee of the PC room, ordered the above PC to use the PC and pay the cost, and he did not receive one buckbbbbs equivalent to 1,300 won at the market price, and acquired the PC’s pecuniary profit for about 30:50 hours until October 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. Statement of E;

1. A photograph of the details of use and investigation report (referring to witness H. 1.