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(영문) 서울북부지방법원 2017.04.13 2016고단5762
사기
Text

The punishment of a defendant shall be three months by imprisonment.

Reasons

Punishment of the crime

[criminal records] On August 18, 2016, the Defendant was sentenced to nine months of imprisonment for fraud at the Seoul Eastern District Court, and the execution of the sentence was terminated on October 25, 2016.

[2] On December 9, 2016, from around 16:19 to 10:50 the following day, the Defendant used the PC room as if he/she had the ability to pay the user fee in the “EPC room operated by D” located in Seoul Jung-gu Seoul Metropolitan Government, and used the PC room.

The fact was that there was no intention or ability to pay the royalty of 18,100 won.

The Defendant acquired the pecuniary benefits equivalent to the royalty by deceiving the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Criminal history: Inquiry into criminal history and application of the Acts and subordinate statutes on criminal reporting (verification of criminal history of the same kind);

1. Article 347(1) of the Criminal Act in relation to the crime at issue (Article 347(1) of the same Act provides that although the amount of damage caused by mistake is small, it is a repeated crime, and it continues to commit the same crime even if the person has been punished);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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