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(영문) 대전지방법원 2014.12.18 2014고정1108
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to two years of imprisonment for a term of fraud in the Jeonju District Court's Military Accounting Branch, and the judgment became final and conclusive on June 19, 2014.

On June 16, 2013, from around 04:15 to 22:30, the Defendant used the PC service, such as providing the Internet game during the above-mentioned hours, in the “C” room operated by the winners of the names of victims in Daejeon-gu, Daejeon-gu, and by taking the same attitude as paying the PC user fee to D employees of the above-mentioned business establishment.

However, in fact, the defendant did not have the intention or ability to pay the above PC use fee.

Therefore, the Defendant, by deceiving the victim as such, received the PC use service equivalent to 21,600 won for the above time from the victim, and acquired the pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. D's self-written statements;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the Jeonju District Court Decision 2013 Highest 1154, 1529 (Consolidation);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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