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(영문) 수원지방법원 성남지원 2018.05.02 2018고정156
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On September 23, 2017, the Defendant: (a) around 12:30, the Defendant obtained the pecuniary benefits equivalent to that amount by failing to pay KRW 54,600, the sum of the charges, even if he/she received and received the World Cup, when he/she did not pay the PC usage fee, despite the lack of intent or ability to pay the PC usage fee, etc., from that time, he/she went through as if he/she would pay the PC usage fee.

2. On October 13, 2017, the Defendant obtained a total of KRW 107,00,000 from the time when he/she went through as if he/she would pay the PC usage fee, etc. despite the lack of intent or ability to pay the PC usage fee, the Defendant did not pay the PC usage fee from that time to the 15:30 of the same month, and did not pay a total of KRW 107,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes to each report on the occurrence of a disaster, a criminal investigation report, or a user fee closure fee closure;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. After the issuance of a summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, a fine shall be mitigated in consideration of the fact that the victims do not want the punishment of the defendant as the defendant agreed with the victims.

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.

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