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(영문) 서울남부지방법원 2013.05.13 2013고정793
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 31, 2012, the Defendant, from around 09:00 to around 13:45 the following day, carried out the PC game as if he would pay the computer PC user fee to D, an employee of the victim, and took property benefits equivalent to the same amount by not paying the PC user fee of KRW 34,200.

around 04:00 on September 2, 2012, the Defendant, “2013 High 794,” made a false statement to the effect that “The Defendant would pay the Victim F PC” for the operation of the Victim F in Guro-gu Seoul Metropolitan Government, despite the absence of intent or ability to pay the fee even when using the skin,” and that “the Defendant would pay the charge when leaving the game to do so.” The same month from that time to that time.

3. Until 10:11, up to 30 hours the above-mentioned computer was used and the fee of 30,000 won was not paid, thereby acquiring property profits equivalent to the same amount.

The Defendant, “2013 High-level 1193, the Defendant, from October 9, 2012 to 11:10 on to October 9, 2012, 201, received monetary benefits equivalent to the same amount as the Defendant did not make an order to pay the price even if he/she did not have any intent or ability to pay the price even if he/she received an order for food, and did not pay the price to the victim I.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and I;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract 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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