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(영문) 인천지방법원 부천지원 2012.12.26 2012고단809
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

1. The Defendant, from around 12:00 on May 5, 2012 to around 00:22, from around 12:00 to around 12:22,00 following the following day, games were gameed for 12:22 hours and 26 hours from the “E” PC bank No. 26 of the victim D’s 34th floor in Bupyeong-

However, even if the Defendant used the PC computer as above, he did not have the intent or ability to pay the user fee, and he acquired approximately KRW 12,400 from the victim property benefits.

2. The Defendant from around 03:30 on May 6, 2012 to the same month;

8. From 08:16 to 08, the victim G management “H” bank in the Bupyeong-gu, Sincheon-gu, Sincheon-gu, by ordering the use of the PC and food, etc.

However, even if the Defendant used the PC computer as above, he did not have the intent or ability to pay the amount of the PC, and he acquired approximately KRW 35,000, which is the above amount of the PC used money from the victim.

3. On May 9, 2012, from around 13:54 to 01:20 the following day, the Defendant, from around 13:54, performed a game for 11 hours and 26 minutes from the “K” bank operated by the victim J in Bupyeong-si, Orcheon-si.

However, even if the Defendant used the PC computer as above, he did not have the intent or ability to pay the user fee, and he acquired approximately KRW 11,000 from the victim's pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of the respective Acts and subordinate statutes in D and G preparation;

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

1. The scope of the recommended sentence on the sentencing criteria: A person who is not clearly applied among the special sentencing factors in the mitigation area among the types of frauds and the types of frauds (of less than 100 million won), but is merely 58,400 won in total, the risk of damage is not realized or a significant portion of the risk of damage is not realized.

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