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(영문) 서울중앙지방법원 2017.03.09 2016고단9033
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant: (a) around 02:22, 2016, the fact at the PC room operated by the victim D on the first floor of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, is not a means of payment, such as cash; and (b) there is no intent or ability to pay the fee even if he/she was provided with the PC using the PC; (c) the Defendant was the most likely to pay the fee to the victim for the PC using the PC in the place of the PC, and was provided with the PC services equivalent to KRW 12,200,00 from the victim until 14:25 of the same day.

The Defendant, around 22:50 on October 7, 2016, 2016, at GPC room managed by the Victim FF on the 1st basement in Daegu-gu E-gu, Daegu-gu, and around 22:50 on October 7, 2016, did not have any means of payment, such as cash, and even if he/she was provided with services using the PC, he/she did not have an intent or ability to pay the fee. The Defendant would have pretended that the victim would pay the fee if the PC services using the PC in the place are high at the place of the PC, and was provided with the PC services equivalent to KRW 11,900 by the victim until 14:0

On June 7, 2016, the Defendant: (a) had no means of payment, such as cash, in the JPC room operated by the victim I, Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon; and (b) had no intent or ability to pay the fee even if the Defendant had been provided with the PC using the PC at the same time; (c) had been the victim who would be entitled to pay the fee if the PC services, etc. in its place were offered to the victim at the high level; and (d) had been provided with the PC services in an amount equivalent to KRW 10,800 for the PC fee and food of KRW 1,500 for the food of the PC from the victim.

Summary of Evidence

"2016 Highest 9033"

1. Statement of the defendant in the first trial record;

1. Written statements of D;

1. Cash receipt: 2017 Height 223;

1. Statement of the defendant in the second public trial records;

1. The F's statement "2017 senior 535 senior ;

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of each statute on photographs;

1. Article 347(1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor) as to the facts constituting an offense.

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