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(영문) 부산지방법원 2013.10.21 2013고정3755
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 17:55 on August 31, 2012, the Defendant started to sit in the seat No. 60 of the "C" located in the Southern-gu Busan Metropolitan Government B, and started to play games.

From the time of entering the PC to the victim, the defendant believed that the defendant would be able to receive the fee even if he does not have any intention or ability to use the PC with respect to the business owner who is the victim, and that the defendant would be able to receive the fee.

9.2. From around 19:55, up to about 40 hours, PC was used and potable for about 17 hours, and then, 59,300 won was exempted from food and drink, and pecuniary benefit equivalent to the same amount was acquired.

around 09:30 on January 15, 2013, the Defendant, “2013 High 3755,” took the same attitude as the third floor victim F of the building located in Busan Jin-gu, Busan, to pay the fee to employees H, and used the above scambling computer for about 15 hours.

However, there was no ability or intent to pay computer usage fees to the victim.

As such, the Defendant, by deceiving the above H and using the computer, took economic benefits equivalent to KRW 17,00,000.

Summary of Evidence

"2013 High Court 1588"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Attachment of detailed photographs used by the suspect "2013, 3755";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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