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(영문) 대구지방법원 2020.11.12 2020고단4815

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 24, 2019 and November 18, 2011 of the same year, the Defendant was charged with non-detained in the form of fraud, etc. with the Daegu District Court. On May 28, 2020, the Defendant was sentenced to imprisonment of one year and six months, and the judgment became final and conclusive on September 29, 2020.

Facts of crime

1. On January 25, 2018, at the main point operated by Sinsan-si B victim C, the Defendant made a false statement to the said victim, stating, “I would make an investment in Bitcoin, and if I would lend KRW 1 million to Bitcoin, I would make an investment in Bitco and KRW 20 million.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to make an investment in Bitcoin or to repay the borrowed money.

Nevertheless, on the same day, the Defendant received KRW 10 million from the victim's account in the name of the Defendant with the D account in the name of the Defendant.

2. The Defendant, who was using computers, etc., was able to obtain the loan by using C’s personal information that was known by being asked to operate the main store from C while he was working at the main points specified in paragraph (1).

On February 24, 2019, the Defendant, using C’s mobile phone devices, entered personal information, such as C’s name, resident registration number, etc., without authority, and borrowed KRW 3 million as C applied for a loan.

Accordingly, the defendant acquired property benefits by inputting information without authority into the data processing device such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Written complaint;

1. E details of transfer, the loan certificate as of January 25, 2018, and the loan certificate as of February 25, 2019;

1. Previous convictions: Application of court rulings and case search and inquiry Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act and Article 347-2 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes