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(영문) 서울중앙지방법원 2013.10.23 2013고정4969

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 16:57 on August 14, 2013, the Defendant used the PC bank as if he would pay the cost of using the PC to the victim V (ma, 37 years old) at the “U” bank located in Gangnam-gu Seoul Metropolitan Government T.

However, the defendant did not have any intention or ability to pay the PC user fee due to the lack of money in water.

As such, the Defendant, by deceiving the victim, acquired the pecuniary advantage equivalent to KRW 10,000 from August 14, 2013 to 23:00 from August 14, 2013 to from August 57, 2013.

On August 4, 2013, the Defendant: (a) around 19:40 on August 4, 2013, the fact in the “X” restaurant located in Gangnam-gu Seoul Metropolitan Government, as if he would have paid the food cost to the victim Y (n, 54 years old), who is the owner of the said restaurant, despite the absence of the intent or ability to pay the food cost; (b) was taken by receiving a 1st error in the cream, and then acquired the pecuniary profit equivalent to the amount of the money by failing to pay 14,000 won.

Summary of Evidence

"2013 Highly 4969"

1. Defendant's legal statement;

1. V’s written statement “2013 Goi4970”;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements about Y;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;