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(영문) 서울남부지방법원 2014.01.15 2013고정3752
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.

Reasons

Punishment of the crime

On August 5, 2011, the Defendant, at around 21:23, 201, sent the same attitude that the Defendant would pay the victim with no intent or ability to pay the fee, even if using the PC, in the “DPC bank” operated by the victim C in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

As such, the Defendant, by deceiving the victim, did not use the PC for about 12 hours in the above PC, and did not pay 7,500 won for usage fees, thereby acquiring pecuniary benefits equivalent to the same amount.

around 23:00 on August 4, 201, the Defendant used the aforementioned computer by up to 09:00 the following day, if the victim F on the first floor of Guro-gu Seoul Metropolitan Government is working as a part-time student in the “GPC bank” where the victim F is working as a part-time student, and would normally pay the cost of use at a 20-time computer installed at that place, as the Defendant would normally pay the cost of use.

However, the defendant did not work after July 25, 201 and did not have any intention or ability to pay the cost of using the computer even if he used the computer for any particular reason.

The Defendant had been provided by the victim with the use of the computer as above and did not pay KRW 10,700 to the victim.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to the same amount of money.

Summary of Evidence

"2013, 3752"

1. Defendant's legal statement;

1. C's written statement "2013 Goi3755";

1. Defendant's legal statement;

1. A written statement;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act and the selection of fines for the crime;

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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