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(영문) 인천지방법원 2013.06.25 2013고단988
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013Kadan988] Around 04:40 on February 7, 2013, the Defendant showed the same attitude that the Defendant would pay the amount of the PC using the PC even if the Defendant did not have any intent or ability to pay the amount of the PC, and acquired the same amount of the PC equivalent to approximately 10 hours after being provided by the victim with the PC equivalent to approximately 9,900 won.

[2013 Highest 1691] The Defendant did not possess cash or card and did not have any intent or ability to pay the price even if the PC is used in the PC.

Nevertheless, from January 12, 2013 to December 07:12, 2013, the Defendant used the PC for five to thirty minutes from the “HPC” operated by the victim G located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, for a fee of five to thirty minutes, and acquired the pecuniary benefit equivalent to the same amount without paying KRW 5,400.

[2013 Man-Ma1866] On March 26, 2013, the Defendant entered the “J PC” operated by the victim, who was unable to know the name on the 5th floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and was seated on the place where the charge would be paid.

However, even if using the PC computer, there was no intention or ability to pay the fee.

As such, the Defendant deceptioned employees K of the above PC, and obtained approximately 8 hours of financial profit equivalent to 10,000 won from the employee, which was provided with approximately 10,000 won computer from the employee, and acquired the same amount of financial profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D, G and K;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [a normal circumstance favorable to the defendant] is that the defendant confessions and reflects the fact of crime, and that the defendant's health status is not good (a normal situation unfavorable to the defendant], the same criminal records and several times of punishment.

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