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(영문) 울산지방법원 2015.10.26 2015고정832
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2015, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on January 24, 2015.

【Criminal Facts】

The Defendant, without any intent or ability to pay the PC usage fee to the victim B, made the victim believe that the victim would be able to receive the fee by entering and using the PC from around 19:45 on January 12, 2014 to around 12:00 on January 13, 2014.

The Defendant, by deceiving the victim by such a method, has taken economic benefits equivalent to 8,300 won of the PC usage fee.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. B written statements;

1. Photographs photographs of suspect charges for using PC;

1. Before judgment: Application of criminal records, case search (2014 highest 7006), and statutes (2014 highest 7006);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Handling concurrent crimes and exemption of punishment, and Articles 37 (latter part) and 39 (1) of the Criminal Act ( Taking into account the equity in cases of judgment at the same time as the judgment becomes final and conclusive in fraud);

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