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(영문) 서울남부지방법원 2014.05.28 2014고정1006

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 shall be one day.

Reasons

Punishment of the crime

1. On December 9, 2012, at around 14:14, 2012, the Defendant showed the same attitude that the victim C uses the PC as the “DPC” operated by the victim C on the 1st underground of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, even if he did not have any money at all, and even if he uses the PC, he did not have an intent or ability to pay the price, and he did not pay the price for the normal use of the PC to the victim. The Defendant was assigned a computer from the victim for about nine hours until December 10, 2012 and did not pay KRW 14,300 for the use of the computer.

2. On December 17:35, 2012, the Defendant: (a) at the F Pception room located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and (b) despite the absence of the intent or ability to pay the price for the PP games, the Defendant, from that time, did not pay KRW 7,800 to the Pception for about seven hours and forty-eight minutes after deceiving the Victim G and then acquired the Pception amount without paying KRW 7,800.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A written statement of C and G;

1. Application of statutes on copies of certificates of registration of Internet computer game providing business entities;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.