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(영문) 인천지방법원 2016.08.19 2016고단845
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 845] The Defendant appears to have expressed an attitude from February 15, 2016 to February 00:05 to 14:00 of the same day that the Defendant would normally pay the victim D'E managed by the victim D in Bupyeong-gu Incheon Bupyeong-gu Seoul, Incheon. The Defendant would pay the victim who requested interim settlement at the time of the settlement.

“The purpose of “ was to make a false statement and use the above scambling.”

However, the Defendant did not have any means of payment such as money or credit cards at the time, and the Defendant did not have any intent or ability to pay the fee for the scambling because it was not committed by the Defendant to pay the fee for the sc

Nevertheless, the defendant deceiving the victim as above and used a computer for 14 hours from the injured party and did not pay a fee equivalent to 13,600 won, thereby acquiring the same pecuniary benefit.

[2016 Highest 4909] The following day from February 10, 2016 to the Defendant:

2. From November 10, 10:50 to GPC located in the Seo-gu Incheon, Seo-gu, Incheon, ordering food and drink using the PC room. However, there was no money owned by the Defendant and there was no intention or ability to pay the value even if the Defendant used the PC or received food and beverage.

As such, the Defendant, by deceiving GPC room employees, acquired a total amount of 31,500 won, such as the cost of using the PC room and the value of food, from the employees belonging thereto.

Summary of Evidence

[2016 Highest 845]

1. Statement by the defendant in court;

1. A written statement of D (2016 Height 4909);

1. Statement by the defendant in court;

1. Application of H’s written Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code for the observation of protection and the community service order [the scope of recommendation] under the general fraud.

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