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(영문) 서울중앙지방법원 2013.03.26 2012고정4166
사기
Text

The defendant shall be exempted from punishment for the crime No. 1 in its holding, and a fine of KRW 700,00 for the crime No. 2,3, and 4 in its holding.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant was sentenced to five months of imprisonment for a crime of fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on October 1, 201, and on June 14, 2012, the Seoul Northern District Court sentenced six months of imprisonment for a crime of fraud at the Seoul Northern District Court, which became final and conclusive on August 17, 2012.

The Defendant does not have an intent or ability to pay the cost of using a computer, even when using the computer at the PPC.

1. [2012 high-level 4169] On May 1, 201, at around 11:30, 201, “C” located on the first floor B below Gwanak-gu, Seoul Special Metropolitan City, stating that the victim D would use a computer and pay the amount of the use of the computer, and that the victim D would be engaged in a game, and the seat number No. 38 is posted, and the user of the computer by no later than 17:47 of the same day but did not pay 19,800 won for the use of the computer;

2. [2012 high-level 4168] From around 04:39 December 19, 201 to 05:30 from the following day, enter the “G” for the operation of the victim F on the first floor of the Gwanak-gu Seoul Special Metropolitan City E-building underground from the 04:39 to the 05:30,000 won, failing to pay 24,400 won the amount of use of the computer for 25 hours, by entering the seat 38 as if he would pay for the use of the c

3. [Attachment 2012 high-level 4166] The 11st month written indictment on December 2, 2011 is apparent that it is a clerical error in December, 201, and thus, the correction was made at around 12:00, which entered the Gwanak-gu Seoul Special Metropolitan City H, and the victim I, an employee, was informed of the seat by entering the Seoul Special Metropolitan City H as if he would be responsible for calculating the computer usage fee, and the payment was not made at least 10,600 won even if he used the computer until 22:58

4. [2012 high-level 4167] On December 25, 201, at around 03:20 on December 25, 201, the “L” for the operation of the Victim K located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City Council used a computer between about 10:25 minutes and about 10:45 minutes from the same day, and did not pay the amount of the fee of the use of the computer, thereby acquiring property profits equivalent to the amount of each use.

Summary of Evidence

1. Each protocol of suspect examination of the accused by the police;

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

1. A previous conviction in judgment:

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