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대전지방법원 천안지원 2015.09.11 2015고정299

The defendant shall be exempted from punishment.


Punishment of the crime

[criminal power] On August 13, 2014, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the judgment was finalized on March 27, 2015. On January 16, 2015, the above court was sentenced to one year of suspension of the execution of four months for the same crime, and the judgment became final and conclusive on January 24, 2015.

【Criminal Facts】

On July 18, 2014, around 16:50 on July 16, 2014, the Defendant visited the “Epccception” located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon, where an employee C works as a guest, and used one computer by around 01:30 of the same month.

However, the defendant did not have the intention or ability to pay the cost of using the computer.

As such, the Defendant, by deceiving C of C of C of C, did not pay KRW 39,700,000, even if he/she used the C of C of C of C, thereby taking economic benefits equivalent to that amount.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by C;

1. Images of field photographs;

1. Previous convictions in judgment: Criminal and investigation experience inquiry, reporting on the results of confirmation of the absence of disposition, and application of each statute of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (each fraud in the holding that this judgment has become final and conclusive is a small amount of fraud identical to this case, and the defendant is exempted from punishment in consideration of the equity between this case and the case in which each of the above fraud has been adjudicated simultaneously);