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(영문) 수원지방법원평택지원 2020.09.18 2019고단925
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On January 23, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Gwangju District Court, and completed the execution of the sentence on May 27, 2018.

【Criminal Facts】

around June 26, 2019, the Defendant, “2019 Man-Ma925,” obtained economic benefits equivalent to the same amount by deceiving the victim as if he would normally pay the PC usage fee, even if he did not use the said PC and pay 248,800 won even until July 2, 2019, in DPC operated by the victim C in Pyeongtaek-si B, due to the lack of cash or other means of payment.

"2019 Highest 1039"

1. On June 18, 2019, the Defendant, in GPC operated by the Victim FF in Pyeongtaek-si, obtained pecuniary benefits equivalent to the same amount by deceiving the victim, as if he did not intend or have the ability to pay the PC usage fee in a normal manner due to the lack of cash or other means of payment, despite of the lack of intention or ability to pay the PC usage fee, by deceiving the victim as if he did not pay the PC usage fee by June 20, 2019.

2. On June 22, 2019, at the JPC room operated by the victim I located in Pyeongtaek-si H on June 13:31, 2019, the Defendant, by deceiving the victim by the aforementioned method, did not pay the above PC room and did not pay 36,200 won for the use thereof until June 23, 2019.

3. On July 8, 2019, around 22:22, the Defendant: (a) by deceiving a victim from the PC as described in paragraph (2) by such means as above; (b) did not pay the said PC by July 9, 2019; and (c) did not pay KRW 26,000 to the Defendant for pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement of the accused in the third protocol of trial [the statement of the accused in the second protocol of trial [the statement of the accused in the second protocol of trial];

1. C’s statement;

1. Details of use of the PC room (2019 order 1039);

1. The police statement concerning F;

1. The K's statement;

1. A complaint and accompanying materials;

1. Investigation reports (Submission of detailed details of the damage); and

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