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(영문) 대전지방법원 2014.03.21 2014고정80

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to imprisonment with prison labor for the crime of fraud, embezzlement of stolen objects, etc. at the Daejeon District Court on September 30, 2013, which became final and conclusive on September 30, 2013 (The Daejeon District Court Decision 2013Da311, 2013No1588).

1. Around March 5, 2011, the Defendant, without the intent or ability to pay the user fee, on the Internet, had the victim’s name and resident registration number known to the victim’s mobile phone number at the residence of the Defendant of the 35th floor of the Daejeon-gu, Daejeon-gu, Daejeon-gu. Around March 5, 201, the Defendant: (a) called the victim’s name and the mobile phone number; and (b) applied for the Internet opening; (c) installed 070 telephone, IPTV at the same place as the victim’s D; and (d) acquired a pecuniary benefit equivalent to the amount of the money by installing the Internet, 070 telephone, and IPTV at the same place as on April 21, 2012; and (c) without paying the fee of KRW 1,505

2. On March 16, 2011, the Defendant joined the Internet TV service contract with the victim D’s resident registration number (F) on the five floor of the public bath E in the Dae-gu, Seoul, and used the said D’s resident registration number unlawfully.

3. Each accused has no intention or ability to pay user fees, such as the Internet.

(a) acquire economic benefits equivalent to that amount by using the Internet of KT, which was entered into the name of D at the same place as above 2.2. paragraph, by November 201, and not paying a fee of KRW 368,700, as it did not pay it;

B. Around March 31, 2011, at the same place as above 2. Paragraph 2., after subscribing to the said victim’s Internet TV service contract under the same victim’s name, and acquired financial gains equivalent to the said amount by a method of not paying KRW 342,910 by November 201.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement prepared by the police in relation to D;

1. Each petition filed for DNA;

1. Documents pertaining to the amount of arrears (the third page of the investigation records No. 2014, 80);

1. Detailed details by service number (5 pages of investigation records, No. 2014, 84);

1. A service contract.

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