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(영문) 수원지방법원 2018.07.20 2018고단2446
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On June 8, 2018, the Defendant was sentenced to five years to commit fraud, robbery, crime of violation of the Act of the Reserve Forces, and 80 hours to complete a sexual assault treatment program, which became final and conclusive on June 16, 2018.

[2] On October 4, 2017, the Defendant: (a) on October 4, 2017, the second floor DPC room of the 2nd floor of the Yongsan-si Building C, which is operated by the victim B; (b) the victim “in a situation where all of his family members get back to her family, but it is impossible to enter the house with her family,” and said, the Defendant made a false statement that the PC charge would be settled later.

However, in fact, the Defendant had no other property at the time, and had been living far away from his family since 2016, and there was no intention or ability to pay the PC charge.

Nevertheless, the defendant deceiving the victim as above and received 50,400 won and 4,000 won and received 54,400 won and received 54,400 won in total as tobacco values.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Materials output of the amount of unsettlemented account of the pce room, suspect game access records, and output of the results of server search on IDs access to suspect game;

1. Previous convictions in judgment: References to inquiries, such as inquiries about criminal history, summary information of the case, and application of each statute of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the fact that the amount of fraud is a small amount and the crime of fraud, etc. of which judgment has become final and conclusive shall be exempted from punishment against the accused in consideration of equity and equity);

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