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(영문) 서울남부지방법원 2014.05.13 2014고단446

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on February 27, 2014, and the judgment became final and conclusive on February 27, 2014.

[2014 Highest 446]

1. On January 9, 2014, from around 19:30 to 05:30 the following day, the Defendant used a computer in the EPC room operated by the victim D, located in the territory of Seoul, and used the computer as if they would pay user fees.

However, since the defendant had no money at the time, there was no intention or ability to pay user fees even if he was provided with the PC use service.

Accordingly, the defendant deceivings the victim and obtained financial benefits equivalent to 11,800 won from the victim by being provided with the computer from the victim.

2. On January 27, 2014, from around 14:59 to 23:50 of the same day, the Defendant used the HPC room operated by the victim G located in Sinpo City F from Sinpo City to Sinpo City as if he were paid a fee, and used the computer.

However, since the defendant had no money at the time, there was no intention or ability to pay user fees even if he was provided with the PC use service.

In this respect, the defendant deceivings the victim and obtained the benefit of property equivalent to 6,900 won from the victim's computer.

[2014 high-level 1247] On November 2, 2013, the Defendant acquired property benefits equivalent to the same amount by failing to pay the fee by not later than 09:30 on the following day, even if he/she uses a computer to the victim K, who is an employee, at the JPC on the first floor of the Gwanak-gu Seoul Special Metropolitan City I underground, even if he/she uses the computer to the victim K, who is an employee, even though he/she did not have an intent or ability to pay the fee.

Summary of Evidence

[2014 Highest 446]

1. Defendant's legal statement;

1. Each written statement D and G (2014 high-level 1247);

1. Defendant's legal statement;

1. K's written statements (pre-marketing and pre-marketing records), criminal history records, search for each case, and application of statutes governing judgment;

1. Criminal facts;