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(영문) 대구지방법원 김천지원 2015.11.13 2015고정529
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2015 High Court Decision 529]

1. On April 23, 2015, the Defendant commenced a PC game within the CPC room located in Gumi-si B around 20:00.

From the time of entering the PC, the Defendant believed that even if there is no intent or ability to pay the amount of the PC to use the PC to the victim D, the Defendant would be able to receive the fee, and acquired the pecuniary benefit equivalent to the same amount by removing the amount equivalent to KRW 20,000 from around 17 to 30 minutes following the following day from around 13:30.

2. On April 25, 2015, around 08:18, the Defendant, within the FPC room located in the Gu, Si, Si, Si, si, by deceiving the business owner of G using PC for seven hours in the same manner as above 15:30 hours from the same day, acquired the pecuniary benefit equivalent to 10,800 won.

3. Around 16:00 on April 25, 2015, the Defendant: (a) induced the J, the owner of the business, in the manner as referred to in paragraph (1) above, within the “I”; and (b) prevented the Defendant from using the PC for 6 hours and 10 minutes from 22:10 on the same day; and (c) acquired the pecuniary benefit equivalent to the same amount by releasing the amount of KRW 7,400 from using the PC.

[2015 fixed-scale 531] On June 2, 2015, the Defendant: (a) cut off one set of land bags (one credit card 2, two security cards, two cash 20,000 won) that was parked by the victim K for tobacco fraud; and (b) that was put in the opening of a driver’s seat in the vehicle in front of the old U.S. Library, which was not corrected by the victim K for tobacco fraud; and (c) that was stored in the receipt of the front of the weather stuff.

Summary of Evidence

[2015 High Court Decision 529]

1. Defendant's legal statement;

1. Each written statement of D, G and J [2015 high-level 531]

1. Defendant's legal statement;

1. The K's statement;

1. Application of Acts and subordinate statutes to report internal investigation (including photographs, etc. (including photographs attached thereto));

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be the most serious punishment.

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