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Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
[Criminal history] On October 13, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. by the District Court of the Jung-gu District on January 29, 2016, and the said judgment became final and conclusive.
[Criminal facts]
1. On May 18, 2015, the Defendant and B would pay the victim the cost of using the PC to the victim under the “EPC room operated by the victim D on the first floor of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.”
The PC was used.
However, the defendant and B did not have any intention or ability to pay the actual PC usage price.
The Defendant and B obtained financial benefits equivalent to the same amount by deceiving the victim and using the facilities of the above establishment equivalent to 10,000 won of the PC at around 09:00 on the same day.
Accordingly, the Defendant conspiredd with B to acquire pecuniary benefits by deceiving the victim.
2. On the same day as paragraph 1, the Defendant and B would pay the victim the cost of using the PC at 09:30,000 Won-gu, Seocheon-si, 2, 3HPC room operated by the victim G of the second floor.
After making a false statement and using PC, 17:30 on the same day, PC was exempted from 19,200 won by the same method as paragraph (1) at around 17:30 on the same day, and acquired property profits equivalent to the same amount.
Accordingly, the Defendant conspiredd with B to acquire pecuniary benefits by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement concerning the suspect B in the protocol of the police interrogation; and
1. Previous conviction in judgment: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, and an investigation report (A), and the records of concurrent crimes after Article 37 of the Criminal Act);
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of fines for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;