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(영문) 수원지방법원 2017.03.23 2016고정3183
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an unqualified person.

In the absence of an ability or intent to pay money, even in the game:

1. On April 14, 2016, the Defendant: (a) found the victim C’s “D” operated by the victim C located in the three floors of Suwon-si, Suwon-si, Suwon-si; (b) provided game equivalent to KRW 15,000; and (c) did not pay usage fees; and (d) thereby, the Defendant acquired financial benefits equivalent to the said amount.

2. On March 28, 2016, from around 16:36 to around 16:04 of the same month, the Defendant, at the 39th page of GPC room located in Young-gu, Young-gu, Suwon-si, GPC operated by the victim E, took profits equivalent to the said amount as the Defendant did not pay KRW 25,500 for the use of the PC.

3. From around 14:00 on May 26, 2016 to around 02:25 of the same month from May 26, 2016, the Defendant, at the 17th page of GPC room operated by the victim as indicated in the above paragraph (2) and did not pay KRW 13,000 of the PC usage cost, thereby taking economic benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of C’s written complaints and E’s written statements to the victim concerned;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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