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(영문) 의정부지방법원 2016.09.01 2016고정1031
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 28, 2013, around 16:50 on September 28, 2013, the Defendant used the PC while doing so to the employees E as if he would pay the price.

However, there was no intention or ability to pay the price even if he/she uses the PC at the above time, and even if he/she is potable.

As such, the Defendant, by deceiving E, used the PC for about 11 hours and 12 minutes from E, and did not pay a sum of KRW 13,300,00 in total even if he/she drinks, thereby making profits equivalent to the above amount.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to the amount used;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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