2011 Highest 3539, 201 Highest 3936 (Joint) Fraud

OO***************), non-service workers

The residence omitted.

Place of Registration omitted

Kim Ho-Gyeong

Attorney***(Korean National Assembly)

September 30, 2011

A defendant shall be punished by imprisonment for six months.

Criminal facts

On April 27, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Cheongju District Court, and completed the execution of the said sentence in the Daejeon Prison on September 2, 2010.

“2011 Highest 3539

1. On July 15, 201, the Defendant: (a) from around 14:36 to July 16, 201, 201, the Victim A operated from around 14:36 to 09:40 on July 16, 201; (b)*********’s use of a computer equipped in the relevant place while the Defendant had no intent and ability to pay usage fees; and (c) operated two cups.

As above, the Defendant, by deceiving the victim and using the said PC with the permission of the victim, did not pay 25,600 won of the usage fee, thereby acquiring pecuniary benefits equivalent to the same amount.

2. The Defendant, from around 14:05 on July 16, 201 to around 14:40 on July 17, 2011, ****’s fact in the victim B’s (in the location omitted) bank as if he did not have the intent and ability to pay usage fees, used computers equipped with the location, and operated three cups in the instant case.

As above, the Defendant, by deceiving the victim and using the said PC with the permission of the victim, did not pay 26,500 won of the usage fee, thereby acquiring pecuniary benefits equivalent to the same amount.

“2011 Highest 3936

On May 21, 2011, from around 15:00 to around 09:30 on May 22, 2011, the Defendant used a computer equipped with the location when he did not have the intent and ability to pay the user fee.**” The Defendant used the computer in the PC room in the absence of the intent and ability to pay the user fee.

As above, the Defendant, by deceiving the victim and using the said PC with the permission of the victim, did not pay the user fee of KRW 15,000, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

[Attachment 2011 Highest 3539]

1. Defendant's legal statement;

1. Each police protocol of statement A,***

1. Information on user fees (201No3936);

1. Defendant's legal statement;

1. C’s statement;

“Prior Trial Records,”

1. Criminal records, reporting on confirmation of facts of release from prison, investigation reports (Attachment of cases related to suspects), - Application of Acts and subordinate statutes of ten copies, and summary order;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of each Criminal Code (A) (Aggravated some victims have not been punished against the Defendant, even though there was a history of punishment several times for the same kind of crime, the Defendant again committed the instant crime during the repeated crime period, not restitution of damage, and immediately after being arrested and investigated in the act of fraud against the victim A, and thus, committed a crime of fraud against the victim B without any awareness of a crime.)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Judge Choi-hee