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(영문) 창원지방법원 2013.10.02 2013고단1832
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 31, 2011, the Defendant was sentenced to imprisonment with prison labor for special robbery, etc. at Busan High Court, and completed the execution of the sentence on March 7, 2013.

[2013 Highest 1832]

1. The Defendant, as follows, by deceiving the victim C and the victim D respectively, acquired pecuniary benefits. A.

On June 5, 2013, the Defendant: (a) around 04:40 on June 5, 2013, at the F points of the operation of the Victim C, located in the window E of Changwon-si; (b) even after the order was made, the Defendant did not pay the price even if he did not have any intent or ability to pay the price; and (c) even if he was provided by the Victim C with the total amount of KRW 420,00,000, such as the two diseases of each week, the Defendant did not pay it

B. At around 12:19 on June 17, 2013, the Defendant was aware of the fact in the HPC room operated by the victim D in Seongbuk-gu, Changwon-si, Sungwon-si, that he had no intent or ability to pay the usage fee and the value of amnestys, etc., and that he had the ability to pay the price. Accordingly, even if he was provided by the victim D with the sum of KRW 29,00,000, such as the PC usage fee and amnestys, the Defendant did not pay the price.

2. At around 10:20 on June 18, 2013, the Defendant: (a) cut off 1,000 won in cash, 2, and 100,000 won in the market price, which contain two copies of credit cards, from the victim’s hand room located on his/her book, using the gaps in the HPC room located in Seongbuk-gu, Sungwon-si, Sungwon-si; and (b) cut off 1,00,000 won in the victim’s hand room.

[2013 Highest 1878] On June 3, 2013, the Defendant demanded the victim K to provide services for using a computer at the “L” room operated by the victim K in Changwon-si, Changwon-si, Changwon-si, Changwon-si, as the user fee, etc. is paid for the use of a computer.

However, the defendant did not have any intention or ability to pay the victim the user fee, etc. due to the absence of money at the time.

The defendant deceivings the victim and is under his control.

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