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Reasons
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(영문) 대구지방법원 2016.03.22 2016고단718
사기등
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1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2016, at around 16:17, the Defendant: (a) was stolen from the PC located in Daegu Northern-gu, Daegu Northern-gu; (b) the victim E used the PC; (c) used the PC; and (d) caused the victim’s cash 40,000 won; and (d) the body card 3 pages, which are owned by the victim.

3. Fraud;

A. On February 17, 2016, the Defendant, even if there was no means of payment, such as cash, in the IPC operated by the victim H located in Busan Seo-gu, Busan, and there was no intent or ability to pay the fee, despite having been provided services using the PC, the Defendant was provided services equivalent to 11,000 won from the victim, by pretending that the victim would pay the fee if the PC was the owner of the PC using the PC in the high seas.

B. On February 18, 2016, around 07:52, the Defendant, even if there was no means of payment, such as cash, in the KPC room operated by the victim J in Seo-gu, Busan, and there was no intent or ability to pay the relevant fee even if the Defendant provided the PC using the PC, the Defendant pretended that the victim would pay the PC using the PC in its place if the PC would be the owner of the PC using the PC, and was provided with the PC services equivalent to KRW 11,600 from the victim.

(c)

On February 18, 2016, the Defendant, even if there was no means of payment, such as cash, in LPC room operated by the victim’s name in Seo-gu Busan, Seo-gu, Busan, and there was no intent or ability to pay the fee, despite having been provided with the service using the PC, the Defendant pretended to pay the fee to the employees M of the place to pay the PC using the PC in the high seas, and was provided with the PC using the PC equivalent to KRW 13,000 from the M.

(d)

The defendant on February 19, 2016 at LPC room operated by the victim's name in Busan, Seo-gu, Busan, around 06:15.

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