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(영문) 수원지방법원 2013.05.24 2013고단782
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2013Kadan782] On January 30, 2013, the Defendant used a computer by the “DPC bank” operated by the victim C on the second floor B in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, which had no intent or ability to pay the PC use fee, despite the absence of intent or capacity to pay the PC use fee, the Defendant made a false representation as if he would pay the E, who is an employee of the above PC, and was assigned the PC to the above PC site from the victim, and until 20:00 on the following day.

As a result, the Defendant, by deceiving the victim, obtained pecuniary benefits equivalent to KRW 17,100,00 for PC use fees, and by not later than February 7, 2013, acquired property benefits equivalent to KRW 62,800 in total on five occasions, as described in the List of List.

[2013 Highest 1050] Defendant from February 1, 2013 to the same month.

2. From 01:10, the fact in the “H” bank of the Victim G operation in Suwon-si F was false as if the victim had no money in water and had no intent or ability to pay the PC usage fee, thereby using a computer with the allocation of the above PC units from the victim.

Accordingly, the defendant acquired property benefits equivalent to 7,700 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and K;

1. Each written statement of E, L and G preparation;

1. Each receipt; and

1. Application of Acts and subordinate statutes on the settlement of charges;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. In light of the fact that the defendant repeatedly committed the crime for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for sentencing”), and that the damage has not been recovered, the necessity of punishment is recognized, but the defendant is divided into his/her mistake, and currently is employed in his/her workplace.

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