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(영문) 대구지방법원 서부지원 2017.01.20 2016고단858
사기
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

On December 10, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Seo-gu District Court Branch Branch of the Daegu District Court on April 30, 2016, and the execution of the sentence was terminated, and on November 17, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Daegu District Court on November 25, 2016 and the judgment became final and conclusive on November 25, 2016.

1. On May 19, 2016, the Defendant used the PC from “CPC room” located in Seogugu Daegu-gu, Daegu-gu, as if he would pay a charge to the victim D, and up to 15:10.

However, even if using the PC, there was no intention or ability to pay the fee.

The Defendant did not pay 5,700 won to the victim by deceiving the victim as above, and did not pay 5,700 won to the victim.

2. On May 21, 2016, the Defendant used the PC from “FPC room” located in Seogu-gu, Daegu-gu, Daegu-gu, as if he would pay the charge to the victim G, and by up to 01:30 on May 21, 2016.

However, even if using the PC, there was no intention or ability to pay the fee.

Defendant did not pay 22,300 won to the victim by deceiving the victim as above, and did not pay 22,300 won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, a copy of an investigation report (Attachment of a summary order, etc.), case search (2016 order 4095) and text of judgment (2016 order 4095, etc.) and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The punishment of concurrent crimes constitutes a repeated crime with the past sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and Article 50 of the same Act, and as well as a concurrent crime with the past sentence of criminal punishment. It is so decided as per Disposition by taking into account equity with the case where the judgment becomes final and conclusive at the same time as the case where the judgment is rendered, degree of damage, etc.

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