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(영문) 서울중앙지방법원 2013.12.19 2013고정5994
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

On May 14, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Suwon District Court Ansan branch on May 14, 2013 and the said judgment became final and conclusive on August 1, 2013.

From 13:00 on December 30, 2012 to 01:00 on the following day, the Defendant made a false statement as if he would use and pay the Internet PC from the “D” bank operated by the victim C in Dongjak-gu Seoul Metropolitan Government.

However, the defendant did not have the intention or ability to pay the user fee even if he received the Internet PC from the victim.

As above, the Defendant, by deceiving the victim, received the Internet from the victim, and did not pay an amount equivalent to the 11,700 won of the usage fee, thereby taking property benefits equivalent to the said amount.

On November 14, 2012, the Defendant, around 19:17, 2012, shown that the fact in the FPC bank located in Gwanak-gu in Seoul Special Metropolitan City, had had no intent or ability to pay the price for the use of the disaster, and had shown that he would pay the price to G, an employee, by not later than 09:00 of the same month, he used the city and did not pay the price equivalent to 14,400 won, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

“2013 Highly 5994”

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A receipt of service charges "2013 High-term 5995";

1. Defendant's legal statement;

1. The police statement concerning G;

1. Information on user fees;

1. Previous records of judgment: Criminal records and application of respective statutes of judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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