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(영문) 수원지방법원 2013.11.21 2013고정1568
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 fixed-scale 1568] On August 23, 2012, the Defendant entered a DPC room where the victim C(21 years of age, n) of the second floor B in Suwon-si (21 years of age, n) work on August 23, 2012, and used the PC No. 26 hours from August 24, 2012 to KRW 3,000 if the Defendant used the PC No. 74 hours from August 24, 2012.

However, in fact, the Defendant was committed as if he were to pay the user fee, etc., although he did not have the intention or ability to pay the user fee.

The Defendant, by deceiving the victim as such, obtained PC and food from the victim, and acquired PC usage fee of KRW 25,900, and food cost of KRW 3,000, and acquired pecuniary benefits of KRW 28,90,00.

[2013 high-level 1569] The Defendant used a computer for about 17 hours from March 24, 2012 to 21:34 on the same day, without disclosing the lack of ability to pay the cost, even if using the computer in the “Gcccccca” operated by the Victim F in Suwon-si, Suwon-si from around 04:34 to 21:34 on the same day.

However, in fact, the Defendant was committed as if he were to pay the user fee, etc., although he did not have the intention or ability to pay the user fee.

The Defendant, by deceiving the victim and acquiring the PC from the victim, acquired the PC from the victim, and acquired the pecuniary benefits equivalent to 13,600 won of the PC usage fee.

Summary of Evidence

[2013 High Court Decision 1568]

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. A receipt (2013 fixed 1569);

1. Police suspect interrogation protocol of the accused;

1. Statement made by the F in writing of the victim;

1. Application of Acts and subordinate statutes on user fee information;

1. Article 347 (1) of the Criminal Act and Article 347 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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