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(영문) 서울남부지방법원 2014.04.14 2013고정3714
사기
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

On October 2, 2012, the Defendant: (a) around 22:30 on October 2, 2012, 2012, at the Victim C’s C Operation in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (b) around 22:30, and (c) around 22:30, at the victim C Operation in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (d) at the Pception, the Defendant was engaged in economic benefits equivalent to the amount of the fee by using a computer, as if he were provided with the computer and had no intent or ability to pay the fee, even if the game was carried out in the Pception, and had no money.

around 16:23 on October 21, 2012, the Defendant used the amount of 10,800 won for the PC in the FPC located in Gangseo-gu Seoul Metropolitan Government E.

However, there was no intention or ability to pay the price even if the PC was used due to the lack of any money in hand.

As such, the Defendant, by deceiving the victim G, did not use the amount equivalent to KRW 10,800 from October 21, 2012 to October 23, 2012, and did not pay the amount to the victim, thereby acquiring property benefits equivalent to that amount.

Summary of Evidence

"2013, 3714"

1. Police suspect interrogation protocol of the accused;

1. C’s statement of the police station: “2013, 3717”;

1. Police suspect interrogation protocol of the accused;

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

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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