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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3183
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2015 Highest 3183]

1. On November 14, 2015, the Defendant: (a) committed an act in the “E” page of the victim D’s operation “E” at the time of high altitude C around November 14, 2015; and (b) induced the victim to use the above cream bank by deceiving the victim as if he would normally pay cream expenses.

However, the defendant did not have the intention or ability to pay the fee even if he uses a scrupt.

The Defendant, as such, did not pay KRW 16,200,00, even though he/she had taken advantage of the above cream for about 21 hours from November 15, 2015 by deceiving the victim from that time to November 18, 2015.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

[2015 Highest 3419]

2. On October 6, 2015, at around 03:45, the Defendant brought about 80cm with a knife, which was prepared in advance, to “G Mart” located in the Nam-gu Incheon Metropolitan City, and brought about 3board 1 knife of the market value of the victim H located in the display knife, which was located in the display knife, KRW 17,100,00 at the market value of KRW 2,50.3 knife, market value of KRW 3,200, and KRW 2,500 at the market value.

Accordingly, the Defendant destroyed a part of the structure at night and intruded into it, thereby thefting property equivalent to the total market value of 25,300 won.

[2015 Highest 3693]

3. On September 20, 2015, the Defendant, at around 00:31, committed an act in the “K” room of the victim J operation in Nam-gu Incheon Metropolitan City, Seo-gu, as if he would normally pay the PC fee, thereby deceiving the victim and using the said PC room.

However, even if the defendant uses the PC, the defendant did not have the intention or ability to pay the fee.

The Defendant, as such, did not pay KRW 12,800, even though he/she had used the said PC for about 13 hours from September 20, 2015, by deceiving the victim from that time to September 13:33, 2015.

Accordingly, the defendant deceivings the victim, thereby constituting a property equivalent to the same amount.

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