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(영문) 울산지방법원 2015.08.11 2015고정1017

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 17:00 on April 27, 2014, the Defendant took the same attitude that the Defendant would pay back the fare to the victim in spite of the absence of the intent or ability to pay the fare after using a credit card or any other means of payment by the victim C in Ulsan-gu, Ulsan-gu as the victim C does not hold cash and does not have any other means of payment, such as credit card, and used the computer for about 11 hours.

The Defendant, by deceiving the victim as above, acquired the pecuniary benefits equivalent to KRW 10,300,00 for the use fee of the victim from the victim.

On November 22, 2013, the Defendant started to sit at the seat No. 29 in Glsan-gu E operated by the victim F, Ulsan-gu, Seoul-do, at around 18:09 on November 22, 2013.

However, in fact, even if using a computer, it was done as if it did not have the intent or ability to pay the cost of use even if it was used, and it was exempted from the amount equivalent to 40,000 won after using the computer until 20:00 of the same month.

Summary of Evidence

"2015 Goi 1017"

1. Defendant's legal statement;

1. Statement to C by the police;

1. The business report certificate "2015, 1025";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a business operator registration certificate and seat photographing;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;