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(영문) 춘천지방법원 속초지원 2013.11.27 2013고정185

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to one year of imprisonment and a fine of 500,000 won for a violation of the Military Service Act at the Seocho District Court’s territorial branch on February 7, 2013, and the judgment became final and conclusive on February 15, 2013, and there was no intention or ability to pay the cost of use even if the Defendant used a computer on the PC as described below.

1. The Defendant from around 10:40 on August 20, 2012 to the same year

9.3. From the early 12:00 to the early 12:400, the Defendant did not pay 188,400 won for the use of a computer, which would have caused the use of a computer in DPC operated by the Victim C, as if the cost would be paid.

2. On September 3, 2012, from around 13:00 on September 3, 2012 to 21:50 on the same day, the Defendant did not pay 14,500 won of the cost of using a computer, which used the computer in FPC room operated by the victim E, who was in the early city B, as if he would pay the cost.

3. The Defendant from around 20:45 on September 7, 2012 to the same year.

9. Until October 10:45, the Defendant did not pay KRW 82,100,00 for the use of a computer that was completed in the IPC operated by the Victim H in Sinchosi G, as if the cost would be paid.

As a result, the Defendant acquired the profits equivalent to KRW 285,00,000 in total of the computer usage costs by the above acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and H;

1. Previous records: The defendant's legal statement and application of one copy of the judgment;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;