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(영문) 서울남부지방법원 2013.08.14 2013고단545
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2013Kadan545] On February 7, 2013, the Defendant obtained pecuniary benefits equivalent to the said amount by failing to use the said PC computer from February 8, 2013 until February 8, 2013, even though the Defendant did not intend or have the ability to pay the PC user fee in the “EPC” operated by Yangcheon-gu Seoul Metropolitan Government 3rd Victim D, and by failing to pay 19,300 won from the time when the PC was designated as an occupation from the victim.

[2013 Highest 1751] On February 28, 2013, the Defendant: (a) around 20:00, at the “HPC room” in the operation of the G in the underground of the victim located in the building located in the Seoul Guro-gu Seoul Metropolitan Government F; (b) even if using the PC, the Defendant did not intend or have the ability to pay the usage fee; (c) as if he did so, he did so; and (d) was designated as a job from the victim; and (e) was used as the said PC computer from March 17:00 until March 1, 2013; and (e) did not pay KRW 13,000 for the use fee,

Summary of Evidence

[2013 Height545]

1. Defendant's legal statement;

1. Written Statements [2013 Highest 1751]

1. Defendant's legal statement;

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

1. Selection of a fine under Article 347 (1) of the Criminal Act and each of the fines under Article 347 (1) of the relevant Act concerning the facts constituting an offense (the defendant committed each of the crimes of this case during the period of repeated crime, but the amount of damage was insignificant and the amount of damage was fully recovered, and a fine shall be selected by taking into account the fact that the defendant committed a mistake while living in custody for more

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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