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(영문) 대구지방법원 서부지원 2013.07.02 2012고단1096
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 18:46 September 5, 2012, the Defendant began to play Nice Game, pretending to pay the CPC usage fee in the EPC room operated by the victim D located in Seo-gu, Daegu-gu, Daegu-gu, as if he were to pay the CPC usage fee.

However, since the defendant has no obvious occupation and there was no special property, there was no intention or ability to pay the usage fee even if he/she uses scam.

Nevertheless, the Defendant, as if he had the ability to pay the above fee, did not pay the amount equivalent to 12,600 won after using scam for about 14 hours from the next day until 08:38,000 on the following day, by deceiving the victim, thereby acquiring property benefits equivalent thereto.

around 09:27 September 10, 2012, the Defendant began to use a computer with the misrepresentation of payment of the fee for the use of the clocks in the “HPS” managed by the victim G located in the Seogu Daegu-gu, Daegu-gu, as if he would pay the fee for the use of the clocks.

However, there was no intention or ability to pay user fees even if the defendant uses a computer, because the defendant has no obvious occupation and there was no special property.

Nevertheless, as such, the Defendant, as if he had the ability to pay the above fee, by deceiving the victim, did not pay KRW 11,700 after using a computer for about about 19 hours and 20 minutes following the following day, thereby acquiring property profits equivalent to the same amount.

around September 21, 2012, the Defendant started to use a computer with the consent of the victim of the computer as if he would normally pay the cost of use from the “K Sckba” operated by the victim J in Daegu-gu, Daegu-gu., the Defendant started to use the computer with the consent of the victim.

However, in fact, the Defendant did not have cash or credit cards, etc., and did not have any special property, so even if using a computer as above, he did not have the intent or ability to pay the fee.

The Defendant is the victim as above.

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