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(영문) 인천지방법원 부천지원 2015.04.01 2014고정1073

사기등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in support of the Incheon District Court on the same year.

8. 23. The judgment became final and conclusive.

【Criminal Facts】

1. The defrauded did not have any intent or ability to pay the price for the use of the computer and the price for food.

Nevertheless, on July 18, 2012, from around 08:00 to 22:42 of the same day, the Defendant made a false statement to the effect that, while using a computer in the EPC located in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant would make a request for interim settlement of charges, the victim would pay the PC charges and food value if the head of the team had money.

The Defendant did not pay 17,600 won for computer usage fee and 8,000 won for sabber, even though he was provided with 8 computers and sabbers by the victim, and did not pay 25,600 won for sabber, thereby taking economic benefits equivalent to the same amount.

2. On July 17, 2012, the Defendant violated the Resident Registration Act, using the victim F’s resident registration number (G) from the above EPC room to access the Internet game “karter” and used the game unlawfully, thereby using another’s resident registration number.

Summary of Evidence

1. The defendant's statement in court (as of the 11th trial date);

1. Entry of C’s statement;

1. Statement of the investigation report;

1. Previous records of judgment: Application of the relevant Acts and subordinate statutes stated in criminal records and written judgments;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Act on the Election of Criminal Offenders, the main sentence of Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration number), and the selection

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 shall apply mutatis mutandis;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.