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(영문) 서울동부지방법원 2014.08.28 2014고단1289
사기
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On January 18, 2013, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Jung-gu District Court, and completed the execution of the sentence on September 3, 2013.

【Criminal Facts】

1. On May 1, 2014, the Defendant, around 09:06, operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City on May 1, 2014, committed as if he would normally pay computer usage fees to the victim, and said, the Defendant would bring the computer into high seas to the victim.

However, the defendant did not have an intention or ability to pay the price even if he uses a computer due to the lack of cash, credit card or other means of payment.

As a result, the Defendant, by deceiving the victim and using the computer installed in the place, from May 2, 2014 to May 08:00, acquired the same amount of monetary benefits by not paying 11,500 won.

2. On May 2, 2014, around 14:28, the Defendant, at the HPC bank operated by the victim G in Gwangjin-gu Seoul Special Metropolitan City, committed as if he would normally pay computer usage fees to the victim, and said, the Defendant said that he would bring the computer into pollution.

However, the defendant did not have an intention or ability to pay the price even if he uses a computer due to the lack of cash, credit card or other means of payment.

Accordingly, the Defendant, by deceiving the victim and using the computer installed in the place, from May 3, 2014 to May 01:10, 2014, acquired the same amount of monetary benefits by not paying 18,500 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of suspect's same kind of records and expiry date of term of punishment);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, asserts that the defendant had a state of mental suffering from addiction caused by game addiction at the time of each crime

Article 10 of the Criminal Act.

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