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(영문) 서울중앙지방법원 2014.06.13 2013고단4547

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court (Seoul Central District Court) and completed the execution of the sentence at the Seoul Detention Center on April 28, 2013.

"2013 Highest 4547"

1. On July 11, 2013, at around 21:18, the Defendant used the PC, etc. from the PC operated by the victim S in Dongjak-gu Seoul Metropolitan Government, pretending that the Defendant would pay the PC if he would make it available at the PC operated by the victim S., and by the 13th day of the same month, if he would pay the fee.

However, at the time, the defendant did not have the intention or ability to pay the above PC use fee.

Nevertheless, the defendant, as if he were to pay the above fee for the use of the PC, deceiving the victim and did not pay the fee even if he was provided with the PC use service equivalent to 36,700 won from the victim.

"2013 Highest 5932"

2. The Defendant did not have the intent or ability to pay the cost of using a computer in the PC because the Defendant was in the absence of cash or other property.

Nevertheless, at around 10:28 on September 2, 2013, the Defendant was running in the “W” room operated by the victim V located in Suwon-si U, Suwon-si, as if he would normally pay the fee for the use of the Dong office, and used the computer of the Dong office for about four hours, and did not pay 3,800 won for such use.

In addition, around September 14:56, 2013, the Defendant used the said computer for about seven hours in the “W” room operated by the victim Y located in Suwon-si X-si X3, Suwon-si, and did not pay KRW 8,900,00.

After all, the defendant deceivings the victims as above, and acquired the total amount of 12,700 won from the victims twice.

"2013 Highest 7177"

3. The Defendant was in the absence of cash or other property in his possession, and thus, even if using a PC computer, the amount of use.