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(영문) 서울서부지방법원 2016.09.23 2015고단3265

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 12, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Incheon District Court’s Vice-Support on September 12, 2013, and completed the execution of the sentence on June 22, 2014.

[2] On December 16, 2015, the Defendant: (a) around 05:00, at the PC room managed by the victim S, in Mapo-gu Seoul Mapo-gu, Seoul, the Defendant: (b) committed as if the Defendant did not possess cash and card at the time and did not pay the PC usage fee and food value; and (c) was provided with food equivalent to KRW 13,000, such as the PC computer usage service and call, and hamba; and (d) obtained such food from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The S Statement;

1. Investigation report (the results of checking the suspect's parents telephone number and telephone conversations with the victimized person stated in the suspect's application form);

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A) an investigation report (a) the confirmation before the latest fraud of a suspect A, and attachment of relevant data, such as the summary order of the

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

1. The sentencing of Article 35 of the Criminal Act for aggravated repeated crimes is limited to 13,00 won, but the punishment is determined as ordered in consideration of the fact that there are many records of punishment for the same kind of crime and that it is a same repeated crime.