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(영문) 대전지방법원 2013.06.19 2013고단917

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 3, 2011, the Defendant sentenced eight months to imprisonment with prison labor at the Jeonju District Court for fraud, etc., and completed the execution of the sentence on April 3, 2012.

[2013 Highest 917]

1. On February 12, 2013, the Defendant: (a) around 12:50 on February 12, 2013, in the “EPC room” for the operation of the Victim C in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) was committed as if the Defendant would have paid the price for the use of a computer and would have paid the price for the use of a computer even if the Defendant had no intent or ability to pay the price for the use of a computer or to purchase food at the same place; and (c) was allowed from the victim to the use of an Internet game service for about 19,300 won for about 19 hours from that time to 08:00 on March 13, 2013.

2. On February 24, 2013, around 04:00 on February 24, 2013, the Defendant: (a) had the victim F’s “HPC room” in the operation of the victim F in Dong-gu Daejeon-gu Daejeon; (b) had the victim deceiving by the method referred to in paragraph (1) and allowed the use of the computer;

3. 1. From around 15:40 to around 132 hours, computers equivalent to 157,900 won and Internet game services were used, and the total amount of 4,100 won was delivered.

[2013 Highest 1218] On February 7, 2013, the Defendant was at the “KPC bank” operated by the victim J on the 3th floor of Daejeon Jung-gu, Daejeon, Daejeon, on February 7, 2013, and the fact was committed as if the Defendant would normally pay the cost for the use of a computer even if the Defendant used the computer but did not have the intent or ability to pay the cost for the use of the computer, and it was from the victim to that month.

8. From 10:50 to be provided with computer-use services equivalent to 11:00 won, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

[2013 Highest 917]

1. Defendant's legal statement;

1. Each police statement of L/M;

1. Statement of charges for PCs (2013 high-level 1218);

1. Defendant's legal statement;

1. J's self-written statement (pre-trial records);

1. An inquiry report on criminal records, etc.;