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(영문) 수원지방법원 안양지원 2016.01.21 2015고단1598

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for fraud, etc. at the District Court of Jung-gu District on October 5, 2013, and the judgment became final and conclusive on October 5, 2013, but the said suspended sentence was revoked on July 18, 2014, and the execution of the sentence was completed on March 5, 2015 at the Daejeon District Court of the Daejeon District Court branch office.

[2015 Highest 1598]

1. On October 13, 2015, around 13:45, the Defendant: (a) acted in the “EPC room” in which the victim D was an employee as if he/she would pay the amount; (b) obtained the allocation of a computer, and used it until 19:34 on the same day.

However, the defendant did not have money at the time, and there was no intention or ability to pay the money even if using a computer because he did not pay money from the beginning to the above PC for the purpose of locking.

Accordingly, the defendant, by deceiving the victim, exempted the payment of KRW 7,100 to pay the victim, and acquired property benefits equivalent to the same amount.

[2015 Highest 1689]

2. On October 2, 2015, from around 18:20 to around 04:20 the following day, the Defendant issued an order to provide food, such as milk, hambs, etc., if he/she did not have any intent or ability to pay the price due to no cash, etc. during the water, or acquired economic benefits by avoiding the payment of the price of the PC using the PC amounting to KRW 6,800,00 in total at the market price, by avoiding the payment of the price of the PC using the PC amounting to KRW 10,100 in the market price.

[2015 Highest 1747]

3. On September 9, 2015, the Defendant was committed from around 15:00 to 08:00 the following day to around 08:00, at K’K’s PC managed by the Victim J in South-gu, South-gu, South-gu, Seoul, as the Defendant would have to pay the amount even if he did not have any intent or ability to pay the amount because of no cash, etc. in water.