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(영문) 창원지방법원 마산지원 2013.07.16 2013고정290
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to imprisonment with prison labor and one year and six months for violating the Act on Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and the said judgment became final and conclusive on the 29th of the same month

around 13:00 on July 18, 2012, the Defendant began to play a computer game No. 53 of the DPC bank No. 53 operated by the victim C in the Masan-si, Msan-si, Masan-si, Masan-si.

From the time of entering the PC, the Defendant believed that, even if the Defendant did not have any intent or ability to use the PC to pay the price for the use thereof, the Defendant would be able to receive the said fee. From around 26 hours to 15:00 on the following day, the Defendant acquired the pecuniary benefit equivalent to the same amount by removing the amount of 26,400 won from using the PC for about 26 hours.

around 06:36 on December 10, 2012, the Defendant began to sit at the seat No. 51 on “F” PC E, Changwon-si, Changwon-si, and opened the “motion and Gotosaw” game.

From the time of entering the PC, the Defendant believed, even if there is no intent or ability to use the PC to pay the amount of the PC to employees G, who were victims, that the Defendant would be able to receive the fee, and, from around 17:32 minutes to around 00:05, the Defendant acquired property profits equivalent to the same amount by removing the amount of 17,600 won from using the PC during the period of approximately 17:05.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attachment, such as a statement on the settlement of charges);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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