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(영문) 창원지방법원 2017.05.31 2017고단1192
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] Criminal Records: The judgment of the Changwon District Court on the fraud, etc. committed on February 18, 2016: Imprisonment with prison labor for a period of one year and two months: On December 11, 2016, the case of two years and two years before the completion of the execution of the prosecution by the North Korean Peninsula I: the judgment of the Daegu District Court on December 1, 2016, which declared at night building intrusion theft (the occurrence of March 18, 2008): Imprisonment with prison labor for a period of two years and a suspended execution: the same criminal records as the judgment was finalized on December 9, 2016 [the crime]

1. From March 20, 2017 to April 8, 2017, the Defendant of the instant case, “2017 High Order 1192”, at the EPC room for the victim’s operation of Changwon-si from March 20, 2017 to 13:50 of the same day, the Defendant was engaged in as if he would normally pay the cost of using the PC even though he did not have any intent or ability to pay the cost. The Defendant was provided with one PC from the damaged party, and did not pay 10,000 won for a game for about 10 hours and did not pay 10,000 won for using the PC, and acquired a total amount of 126,000 won for five times from that time to that day.

2. From April 10, 2017 to 10:10 on April 12, 2017, the Defendant of the instant case 1439, 201: (a) was in the room of the Victim G management PC located in Changwon-si, Changwon-si from 10:10 on April 10, 2017 to 10:10 on December 12, 201; (b) was engaged in the act as if he would normally pay the PC usage and food costs, even though he/she had no intent or ability to pay the PC; and (c) was provided by the injured party with one of the PC and play a game for about 28 hours; and (d) was provided with the amount equivalent to KRW 39,00 and the amount equivalent to KRW 11,5

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each statement and investigation report;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes is based on the classification and mitigation of types.

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