Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

[2013 fixed 411]

1. On August 7, 2012, from around 07:30 to August 09:0, 2012, the Defendant entered the “CPC” room located in Gangnam-gu Seoul, Gangnam-gu, as a customer, and performed a game.

However, the defendant did not have a job but did not pay the PC usage fee to the victim D who is an employee, regardless of his/her intention or ability to pay the PC usage fee.

The Defendant, by deceiving the victim as such, acquired the pecuniary benefits equivalent to 33,000 won of the PC bank usage fee from the victim.

[2013 High Court Decision 412]

2. Around 15:00 on July 22, 2012, the Defendant made a false statement as if he/she would pay the Victim G with the PC usage fee in the FPC located in Seocho-gu Seoul Metropolitan Government E.

However, even if the PC is used, there was no intention or ability to pay the price.

The Defendant, who received a computer game machine from the victim, used approximately 9 hours and did not pay KRW 8,900 for the use of the PC from the victim until 23:55 on the same day, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

[2013 fixed 411]

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement of D (2013 high-level 412);

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Application of the receipt statute

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;