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(영문) 서울중앙지방법원 2014.12.02 2014고단3118
사기
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

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

Reasons

Punishment of the crime

1. The Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on June 17, 201, and two months of imprisonment for the same crime at the same court on September 22, 2011; on January 23, 2013, the Incheon District Court was sentenced to six months of imprisonment for the same crime; on June 19, 2013, the said court was sentenced to two months of imprisonment for the same crime; and on March 23, 2014, the execution of the sentence was completed by the Incheon Prison.

2. On April 28, 2014, the Defendant: (a) around 15:00 on April 28, 2014, at the “E” room of the Victim D’s D Operation in Gwanak-gu, Seoul Special Metropolitan City, the Defendant was engaged in as if he would normally pay the PC usage fees and food costs even though he did not have any intent or ability to pay the PC; (b) the Defendant was provided with the PC No. 40 seat from the victim and used the PC until 2:36 of the same day; and (c) the Defendant was ordered to use the PC until 22:36 of the same day, but did not pay 10,700 won for the intermediate World Cup; and (d) acquired the same pecuniary profit.

"2014 Highest 4044"

1. On June 11, 2014, around 01:52, the Defendant obtained the same amount of pecuniary profit by failing to pay the user fee and food cost, even if he did not have any intent or ability to pay the PC user fee and food cost, and by failing to pay the user fee and food cost to the injured party in an ordinary manner. The Defendant received the seat from the injured party and used the PC until 08:08 on the same day, and by failing to pay the user fee and food cost 7,600 won in the middle of the World Cup.

2. On June 11, 2014, the Defendant: (a) at the K PC operated by the injured party J on the 20:30 on the 20:30 on June 11, 2014, the Defendant did not pay the PC charges, even if he did not have the intent or ability to pay the PC charges; and (b) did not pay the PC charges of KRW 7,300 on the following day, even if he was provided the seat with the seat from the injured party.

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