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(영문) 서울동부지방법원 2013.04.16 2013고정683
사기
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2013 fixed-term 683] On September 21, 2012, the Defendant entered the “Dcception room” operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, and used a computer installed at the same time for dception as if the Defendant would normally pay a fee from around that time to 23:00 on the same day.

However, the Defendant did not have any cash or other means of payment at the time and did not have the ability to pay the fee even if he uses a computer of the respondent.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay the 19,900 won of the fee by using the computer of the victim and thereby acquired pecuniary benefits equivalent to the above amount.

[2013 Highly 684] On September 16, 2012, the Defendant started to sit in the seat No. 86 of the FPC on the first floor underground in Gangdong-gu Seoul, Gangdong-gu, Seoul, and started to view the Internet TV.

From the time of entering the PC, the Defendant believed to be able to receive the charge even if he does not have any intent or ability to use the PC with respect to the business owner who is the victim, from the time of entering the PC,

9. From November 20 to April 20, 200, a total of KRW 101,000 and KRW 5,000,000 were not paid after using PC for about 45 hours a day, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

[2013 High Court 683]

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

1. C’s statement (2013 high-level 684);

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

1. Application of the G’s written Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the choice 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;

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