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(영문) 울산지방법원 2014.11.27 2014고단107
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 21:00 on June 12, 2013, the Defendant acquired property profits equivalent to the same amount as the Defendant did not use the PC amounting to 30,000 won from the following day to 22:00 on the ground that: (a) around 21:00, the Defendant was committed as if he had no intent or ability to pay the cost of using the computer; and (b) was committed as if he would pay the cost of using the PC despite having no intention or ability to pay the cost of using the computer; and (c) did not pay the cost of using the PC.

On February 23, 2014, the Defendant: (a) around 04:00 on February 23, 2014, the Glives bank operated by the Victim F with the fourth floor in Ulsan-gu E-4, Ulsan-gu; (b) was committed as if he would pay the cost despite the absence of the intent or ability to pay the cost for the use of the computer; and (c) was provided by the victim with the cost of using the computer equivalent to KRW 11,000 from 14:0 on the same day to 14:00 on the same day; and (d) was unable to pay the cost, thereby acquiring property

Summary of Evidence

"2014 Highest 107"

1. Police suspect interrogation protocol of the accused;

1. Protocol of the police statement of C "2014 Senior 717";

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the choice 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 (1) 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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