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(영문) 수원지방법원 2016.10.20 2016고단4692
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 14:10 on June 27, 2015, the Defendant: (a) committed as if he did not have any intent or ability to pay the PC usage fee in the BP room operated by the Victim BP in Suwon-si, Suwon-si; and (b) he did not pay the PC usage fee for 15,600 won even if he had been provided with the PC use for 12 hours by the victim; and (c) thereby, the Defendant acquired pecuniary benefits equivalent to the said amount by failing to pay the PC usage fee.

2. On July 8, 2015, around 20:18, the Defendant: (a) committed an act as if he/she would pay the PC usage fee even though he/she did not have any intent or ability to pay the PC usage fee; and (b) obtained a pecuniary benefit equivalent to the said amount by failing to pay 12,000 won even if he/she was provided with the PC use for 14 hours by the victim.

3. On October 5, 2015, around 07:50 on October 5, 2015, the Defendant: (a) was engaged in the BW PC room operated by the victim BV in Jung-gu Incheon, Jung-gu, Incheon; (b) as if he did not have any intent or ability to pay the PC usage fee; and (c) he did not pay the PC usage fee for 11,500 won even if he was provided with the PC usage for 14 hours by the victim; and (d) thereby,

4. Around 04:00 on December 4, 2015, the Defendant: (a) committed an act as if the Defendant would pay the PC usage fee despite the absence of the intent or ability to pay the PC usage fee; and (b) obtained pecuniary benefits equivalent to the said amount by failing to pay 22,800 won even if the Defendant was provided with the PC use for 19 hours by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. WP, BS, and Y Statements:

1. Application of Acts and subordinate statutes to investigation reports (verification of victims of Incheon BW PC);

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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