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(영문) 수원지방법원 2012.12.20 2012고정3127
사기
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was sentenced by the Suwon District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive around February 7, 2012.

[2012 High Court Decision 3127]

1. At around 09:19 - around 23:00 on July 1, 201, the Defendant continued to benefit from property worth approximately KRW 10,000 using pccs despite the lack of the ability to pay the pccccccs in the Cpcs located in Suwon-si B, Suwon-si;

2. The Defendant: (a) on July 9, 201; (b) 18:17:

7. up to 19:00 on October 19, 100, from the Epc bank located in Gyeonggi-gu, Gyeonggi-gu, the owner of the business, who had no intent or ability to pay pc use fees, made the victim believe that he would be able to receive the fees, and made the victim 19,700 won pecuniary advantage by using pc.

[2012 high-level 3128] From around 15:29, 01 to 06:00 following the day from 06:00 on the following day, the Defendant believed that the Defendant would make the Defendant would pay the PC employee J (the age of 31, South) despite the absence of the intent or ability to pay the fee to the PC employee at the PC 29 level operated by the victim H on the 3rd floor in the wife population G, and acquired the pecuniary profit equivalent to KRW 16,100 by using the PC for about 14 hours and 31 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by K, L and J;

1. Previous convictions: Results of the search of prisoners, one copy of the electronic files of consolidated cases, and the application of Acts and subordinate statutes in two copies of the judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;

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