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(영문) 의정부지방법원 2016.03.17 2016고단165
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Goyang Branch of the District Court, and the execution of the sentence was terminated on November 29, 2015.

1. The Defendant did not have any intention or ability to pay the price even if he uses the PC because there was no cash or card in his possession without any income due to the absence of a certain occupation.

A. On January 1, 2016, the Defendant, at around 10:50 on January 1, 2016, sent an attitude that the victim D would normally pay the PC fee in the EPC operated by the victim D in Suwon-gu, Suwon-si, and obtained pecuniary benefits equivalent to the PC amount by failing to pay the PC fee amounting to KRW 9,400 on the part of the victim who used the PC for the use of the PC in the PC, namely, for the use of the PC’s computer in the PC.

B. The Defendant from January 4, 2016

1. From 08:30 up to 16. 08:0, the victim G in the Gu Government-si Building FPC used the PC in the above manner and did not pay an amount equivalent to the 603,700 won of the fee, thereby acquiring property profits equivalent to the said amount.

2. The Defendant, at the time, at the time, and at the place of port No. 1-B, sent the victim’s bank to cut off cash equivalent to approximately KRW 300,000,000 within the victim’s bank by taking advantage of the cresh between him and the toilets, he was aware of the victim’s bank and attempted to cut off cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. On-site photographs;

1. Previous convictions: Inquiries about criminal history, reporting on investigation (verification of repeated crime records, etc., and expropriation/ depreciation of each individual, and text of judgment);

1. Relevant provisions of Article 347-1 of the Criminal Act (the point of fraud), Articles 342, 329 of the Criminal Act (the point of attempted larceny) and choice of imprisonment with prison labor for the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. One crime (the scope of recommendations) of the scope of punishment recommended according to the sentencing criteria shall be the general fraud;

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