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(영문) 울산지방법원 2013.06.18 2013고정189
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 20, 2012, from around 21:00 to 22:00 of the same month, the Defendant was provided by the victim with the PC room operated by the victim C in Ulsan Nam-gu, Ulsan-gu as if he/she had the intent and ability to pay usage fees.

However, even if the defendant uses the PC, he did not have the intention or ability to pay the user fee.

At around 22:00 on January 24, 2012, the Defendant provided 37,000 won from the victim with the PC and took economic benefits equivalent to the same amount.

2. On February 24, 2012, from around 06:23 to March 10, 2010 of the same month, the Defendant was provided with the PC using the PC from the victim F in Ulsan-gu E, Ulsan-gu as if he/she had the intent and ability to pay usage fees.

However, even if the defendant uses the PC, he did not have the intention or ability to pay the user fee.

At around 03:10 on February 29, 2012, the Defendant provided 106,000 PCs from the victim and acquired financial benefits equivalent to the same amount.

Summary of Evidence

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

1. Each statement of F and C;

1. Application of the receipt statute

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