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(영문) 울산지방법원 2015.12.01 2015고정579
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant found the “CPC bank” located in Yangsan-si B as a customer, and had the victim D, who is the owner of the said PC, used the PC as if he would pay the user fee.

However, even if the above PC is used by the defendant, the defendant did not have the intent or ability to pay the user fee to the victim.

The Defendant, by deceiving the victim as such, used the PC for 10 days from around that time, which is believed to be true, and did not pay an amount equivalent to KRW 174,00 for usage fees, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

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 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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