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(영문) 서울서부지방법원 2018.06.19 2018고단975

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 8, 2016, the Defendant posted a false statement to the effect that “The Defendant shall access NAV to NAV and a foreign car page from Echeon-si, East-si, East-si, and sell NAV Nos. 6 Doz. 8,” and that if the Defendant sent the price to the victim B who reported this, the Defendant sold the product as if it were sold.

그러나 피고 인은 대금을 받더라도 그 물건을 피해자에게 교부할 의사나 능력이 없었고, 대금만을 받아 가로챌 의도였다.

As such, the Defendant, by deceiving the victim, received 63,00 won from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day, and acquired 63,000 won from such time to January 29, 2018, and acquired 949,000 won in total from eight times, such as the list of crimes (1) in attached Form 1, from around that time to January 29, 2018.

2. A person who violates the National Sports Promotion Act and a person who is not an entrusted business entity shall not engage in any act of offering property or property benefits to those who win the result by issuing the right to vote for sports promotion or things similar thereto, and shall not engage in gambling using such right;

However, from July 8, 2017 to March 4, 2018, the Defendant opened a member of the Internet illegal sports territory G in the Internet in the Dap room located in Jung-gu Seoul Metropolitan Government, the F-si room located in Ansan-si E, and the trade name in the Dong-si located in Gangseo-gu Seoul Metropolitan Government, and then deposited the total amount of KRW 26,80,000 in the total of six accounts, such as the daily list of crimes (2) in the attached Table, deposited and filled up the total amount of KRW 26,80,000,000 in cyber money in the domestic and foreign sports competition, and stuffed in the way of receiving dividends according to the result of a betting plaque.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to H and materials attached thereto;

1. Each petition and statement of B, I, J, K, L, M, N, andO and their accompanying material.