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(영문) 인천지방법원 2015.02.06 2015고정23

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 24, 2013, at around 06:07, the Defendant: (a) connected the Defendant’s residence located in Nam-gu Incheon Metropolitan City, to the Internet NAVID by a computer to the Internet NAVV bulletin bulletin board, and sold the Home Popter mobile merchandise 100,000 won for 10,000 won for the Home Poper mobile merchandise 100,000 won; (b) on the same day, the Defendant inserted a letter stating that “The contact T” is 5,000 won for the Home Poper mobile merchandise 10,000 won; and (c) on the same day, if the Defendant paid money to the Victim F, who had reported the above writing to the Kakaxo, made a false statement as if he/she first sold the Home Poper mobile merchandise 100,000 won for 100,000 won.

However, even if the Defendant received money from the victim, he did not have the intent or ability to sell the said home-fluor mobile merchandise coupon.

The Defendant, as above, by deceiving the victim, received 180,000 won from the victim via a new bank account (H) in the name of Y around 08:32 on the same day.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. No one who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall intrude on any information network.

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, entered and connected the “D” and password, which came to know at a university prior to the towing, into an information and communications network by entering and connecting the Internet network with the date and time specified in Paragraph 1.

3. Any person who violates the National Sports Promotion Act shall issue sports betting tickets or similar things (including the issuance thereof by means of information and communications networks) by a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, and provide property or financial benefits (hereinafter referred to as “similar act”) to persons who win at the betting.