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(영문) 대전지방법원 천안지원 2014.08.22 2014고정544
사기
Text

A defendant shall be punished by a fine of 600,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[14 High Court Decision 544]

1. On February 20, 2014, around 13:17, the Defendant: (a) committed a DP store located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Seoul; (b) provided a 21-hour game with a seat of approximately 10 hours with a computer from the victim, and (c) provided a approximately 10-hour game with a seat of about 21 hours; and (d) did not pay 10,800 won of the usage fee.

2. On February 27, 2014, around 12:52, the Defendant acquired pecuniary benefits equivalent to the same amount by deceiving the victim from the GPF located in the Gangnam-gu, Seoul-gu, Seoul-gu, Seoul-gu, for about 24 hours by using the same method as the preceding paragraph, and by failing to pay KRW 10,200,000 for the use fee.

[14] On March 31, 2014, the Defendant was provided with a computer available for PC games from his/her workers J in the “IPC Bank” located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Y on March 21, 2014, and the same year.

4.3. From around 19:20 up to approximately 69 hours, PC games were operated.

However, even in the case of PPC games, the Defendant acted as if he did not have the intent or ability to pay the fee.

The Defendant, by deceiving the above worker in the PC room, obtained the PC game from the victim's name indiscontest and acquired the pecuniary benefit equivalent to 83,000 won in the use fee.

Summary of Evidence

[14 High Court Decision 544]

1. Defendant's legal statement;

1. Each written statement B and E [14 high-level 635]

1. Defendant's legal statement;

1. Application of the J’s self-written legislation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.

1. Articles 70 (1) 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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