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(영문) 인천지방법원 2020.01.09 2019고단1760
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 7, 2019, at around 13:45, the Defendant sent an attitude of the victim C, operated by the victim C in Michuhol-gu Incheon, Michuhol-gu, Incheon, and the second floor, that the employee E would normally pay the computer fee and food cost, and if he/she sits in front of a computer installed at that place, he/she ordered food and used the computer.

However, the defendant did not have the means of payment such as cash at the time and did not have the intent or ability to pay properly the user fee and the food cost even if he received computer and food from the victim.

As such, the Defendant, by deceiving the above E, received food equivalent to KRW 20,40,00 from E, such as Arabic and chip, etc., and did not use the victim’s computer until March 11, 2019, and did not pay KRW 114,400 for the use fee, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written statement E;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the choice of fines (where there are several criminal records for the accused, and crimes committed during the period of repeated crimes, however, the accused appears to repent of mistake while making a confession, and the amount of damage itself is relatively small);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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