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(영문) 제주지방법원 2013.12.26 2013고단1512
절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 1512"

1. Around February 2013, the Defendant first visited the “F” PC operated by the victim E on the third floor of the D Building at Jeju, and resolved accommodation and lodging in the PC room from that time.

The Defendant paid the PC fee while performing daily work at low level, and the above C paid the PC fee from June 2013 to June 2013.

During that period, when the Defendant was unable to perform any work any longer by selling the PC at the daily work site around July 2013 to August 8, 2013, the Defendant was unable to pay the Defendant’s fee for the use of the PC from that time (i.e., payment of the C’s fee). From that point of time, from that point of time, there was no intention or ability to pay the price normally even if the PC was used for food and drink in the above PC room.

Nevertheless, the Defendant made a false statement to the effect that he would pay back the PC fee if the said victim was " how to pay the PC fee," and that he did not see C as having money in the “C” passbook, so he did not see so, and let the victim continue to use the PC to the Defendant and C.

The Defendant, by deceiving the victim by the foregoing method from July 8, 2013 to October 12, 2013, by not paying KRW 1,012,200 for the Defendant’s PC bank usage fee from July 8, 2013 to October 12, 2013, thereby deceiving the amount equivalent to the said amount, and making C not pay KRW 1,150,700 to pay for the PC bank use fee, thereby having C obtain pecuniary benefits equivalent to the said amount.

2. On October 12, 2013, the Defendant: (a) around 03:00 on October 12, 2013, the Defendant: (b) found it difficult for C to stand a PC transporter on his behalf while carrying out the PC transport service at the said PC transporter; and (c) said C was seated on the PC.

Accordingly, in order to avoid the situation where the Defendant is unable to pay the PC fee as above, the Defendant left the said PC and left the PC, and was in cash in the Kabter, etc.

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