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(영문) 울산지방법원 2015.09.10 2014고단3664
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to imprisonment with prison labor and six months for habitual fraud at the Ulsan District Court on September 5, 2015, and the judgment became final and conclusive on September 5, 2015.

1. On September 21, 2014, the Defendant: (a) around 14:00 on September 21, 201, 2014, in DPC operated by the victim C in Ulsan-gu, Ulsan-gu; (b) used the PC to pay the PC normally.

However, there was no intention or ability to pay the PC use price.

The Defendant, by deceiving the victim as above, received computer and Internet service from the victim, and did not pay KRW 9,000 to 20:00 on the same day from that day, thereby taking property benefits equivalent to that amount.

2. On October 14, 2014, the Defendant committed fraud, around 10:00 on October 14, 2014, the Defendant used the PC to pay the PC normally after using it to the victim at the above DPC bank.

However, there was no intention or ability to pay the PC use price.

The Defendant, by deceiving the victim as above, received computer and Internet service from the victim, and did not pay 8,900 won to the victim from the same day, thereby taking property benefits equivalent to the same amount.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. C’s statement;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes on case search;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Concurrent Handling of Crimes and Exemption of Punishment: The latter part of Article 37 and Article 39(1) of the Criminal Act (the crime of this case has been committed two times in excess of 17,900 won in total, and consideration of equity in cases of concurrent judgment with habitual larceny)

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