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(영문) 대구지방법원 서부지원 2014.10.08 2014고정434
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 2, 2013, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for fraud, and the judgment was finalized on the 10th of the same month on the 10th of the same month.

On September 11:57, 2012, the Defendant started to use a computer with the approval of the use of the computer from D, in the PC operated by the victim C and managed by the employee D, despite the absence of the intent or ability to pay the use fee.

As seen above, the Defendant, as if he had the intent to pay the user fee and ability, by deceiving employees D, failed to pay the user fee of KRW 6,400 after using a computer from 23:10 on the same day, thereby acquiring economic benefits equivalent to the same amount from the victim C.

On July 2, 2013, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for fraud, and the judgment was finalized on the 10th of the same month on the 10th of the same month.

On May 29, 2013, around 19:00, the Defendant began to use a computer, pretending that the Defendant would pay for the use of the cream room in the “HC” operated by the Victim G in Seo-gu, Daegu.

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

Nevertheless, as such, the Defendant, as if he had the ability to pay the above fee, by deceiving the victim, used the computer from the 31st day of the same month to the 02:00 of the same month, and did not pay the fee of KRW 25,300, thereby acquiring the same pecuniary benefits.

Summary of Evidence

"2014, 434"

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. For previous records of judgment: Criminal history records, probationary records, reporting on results of confirmation of the absence of disposition, investigation reports (former records and attachment of judgment) hereinafter referred to as "2,014 high-level 435";

1. The defendant;

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