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(영문) 대구지방법원 서부지원 2018.02.06 2016고정1174
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 17, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on November 25, 2016.

1. On May 11, 2016, from around 22:00 to around 15:18 of the following day, the Defendant: (a) by deceiving the said PC staff in such a way as if he did not have the intent or ability to pay the price in the Daegu Seo-gu, Seo-gu, and the second floor; and (b) as if he did not pay the price in the “DPC room” operated by the victim C, the Defendant acquired economic benefits equivalent to the said amount by deceiving the said PC staff; and (c) by failing to pay KRW 12,000, even if

2. On May 12, 2016, from around 17:37 to around 13:30 of the following day, the Defendant: (a) by deceiving the said PC staff in a manner that would appear to have been paid in the “GPC room” operated by the victim F in Daegu-gu E and 5 floors by the victim F; and (b) instead of paying the said amount, the Defendant did not pay 18,000 won to the said PC staff while using the said PC computer; and (c) obtained pecuniary benefits equivalent to the said amount by failing to pay the said amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of F and C;

1. Voluntary accompanying report (record 4 pages), and voluntary accompanying report (record 12 pages) of a suspected criminal suspect;

1. Photographs of the peption;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes, such as inquiry and judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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;

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