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(영문) 대구지방법원 2018.09.05 2017고단6727
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 17, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and on January 20, 2017, the Defendant was sentenced to one month of imprisonment for fraud at the Western District Court Branch Branch Branch Branch of the Daegu District Court, and completed the execution of the sentence on March 27, 2017.

On September 12, 2017, the Defendant used the PC for about nine hours from September 13, 2017 to September 08:14, 2017, in the “DPC room” operated by the victim C in Daegu Northern-gu B, Daegu-gu.

However, even if the defendant uses the PC, the defendant did not have the intention or ability to pay the fee.

The Defendant, as such, did not pay KRW 11,300 after deceiving the victim, used the PC, and did not pay KRW 11,300 from that time until November 14, 2017, and did not pay KRW 106,300 in total after using the PC over five occasions, such as the statement in the list of crimes, from November 14, 2017.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Each statement of F, G, H, and I;

1. Previous convictions: References to inquiries about criminal history, reporting on the results of previous convictions and reporting on investigation (verification of repeated crimes and attachment of criminal records and judgment) shall apply to statutes;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, in consideration of the fact that the defendant committed the crime of this case during the period of repeated crimes, the fact that the defendant has many records of punishment for the same kind of crime, and other records, such as the defendant's age, sexual conduct, environment, motive for and circumstances after the crime, etc., the punishment as set forth in the order shall be determined

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