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(영문) 서울중앙지방법원 2017.06.08 2017고단1628
사기
Text

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

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to 4 months of imprisonment with prison labor and 8 months of imprisonment with prison labor at the Cheongju District Court for fraud, etc., and the judgment became final and conclusive on February 28, 2017, and completed the execution of the sentence in the public prison.

around 09:00 on March 11, 2017, the Defendant: (a) E (E) operation of the Victim D on the 1st underground floor in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the use of the PC, was engaged in both activities that would pay the price normally to the victim despite the absence of intent or ability to pay the price even if the PC is provided; and (b) obtained property benefits by being provided with approximately 12,500 PC room from the victim.

On March 9, 2017, the Defendant: (a) around 17:36, 2017, the fact in the “H” room of the Victim G operation in Gangnam-gu Seoul, Seoul, had no intent or ability to pay the price; (b) was committed as if the victim would normally pay the price to the victim; and (c) was provided with the PC room services equivalent to KRW 24,400 and acquired the same amount of pecuniary benefits.

Summary of Evidence

"2017 Highest 1628"

1. Statement by the defendant in court;

1. Written Statements "2017 Highest 1818";

1. Statement by the defendant in court;

1. G statements;

1. Photographs of the screen "before the judgment is made";

1. Inquiry about criminal history, investigation reports (prior convictions for repeated crimes), sentence of judgment, details of case search, and application of Acts and subordinate statutes on the status of individual expropriation;

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. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been punished several times, and each of the crimes of this case was committed during the period of repeated crimes as long as the defendant was released from each of the crimes of this case. Meanwhile, the defendant is against the victim, and the defendant's family environment affects the crimes of this case.

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