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(영문) 대구지방법원 2015.05.22 2015고정169

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 4, 2013, at around 06:30, the Defendant acted in DPC operated by the victim C in Daegu Dong-gu, Daegu-gu, as if he would pay the PC user fee, and used a computer with permission from the victim.

However, even if using a computer, the defendant did not have the intention or ability to pay the cost of use.

As above, the Defendant: (a) by deceiving the victim; (b) obtained pecuniary benefits equivalent to the said amount by failing to use a computer for about 37 hours from around 06:30 on November 4, 2013 to around 19:30 on November 5, 2013; and (c) failing to pay an amount equivalent to KRW 28,500 on the use thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (to make a statement of damage C by telephone and recording);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;