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(영문) 서울남부지방법원 2012.08.06 2012고정1465
사기
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, from around 19:00 on November 17, 201 to around 10:30 on November 18, 201, within the “DPC bank” operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government from around 19:00 to around 10:30 on November 18, 201, the Defendant acquired pecuniary benefits equivalent to 15,300 won by making a PC game using a computer at the same location, even if using the computer at that location, without any intent or ability to pay the cost.

2. On November 10, 201, the Defendant: (a) around 21:50 on November 10, 201, the Victim F operation in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul: (b) obtained pecuniary benefits equivalent to the above amount by ordering the Defendant to use a computer or not paying the total amount of KRW 36,000,00, because the Defendant did not have any intent or ability to pay the price even if he/she uses or sells a computer at a place; (c) was able to pay the price if he/she uses or sells a computer; and (d) was seated in a computer seat located there; and (d) was seated at that place until 09:00 of the said month.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of the respective laws and regulations of C and F;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the point of fraud and the choice of each fine);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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