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(영문) 서울북부지방법원 2020.5.15.선고 2019고단3946 판결

사기,국민체육진흥법위반(도박등)

Cases

2019 Highest 3946,4357 (Joint), 4409 (Joint), 4831 (Joint), 5343 (Joint),

20 Highest 1099(combined) Fraud, violation of the National Sports Promotion Act (Gambling, etc.)

Defendant

o

Prosecutor

Lee Jong-Jeather, Gangwon-gu, Kim Jong-man, Park Jong-gu, Park Jong-gu, Park Jong-gu (Public trial)

Defense Counsel

nan

Imposition of Judgment

May 15, 2020

Text

Defendant B shall be punished by imprisonment with prison labor for six years.

Reasons

Facts of crime

Defendant 2 served as ○○ Electronic Research Institute from January 7, 2013 to November 14, 2018. “Choe 3946 Goe 2019.”

1. Fraud under the pretext of transactions for Internet goods;

On May 5, 2018, at the office of ○○○○, a defendant working for Pyeongtaek-si, posted a letter stating that “the sale of ○○ electronic drying machine” on the Internet’s middle- and high-class trading website on the NAC bulletin board, and the victim A, who has contacted, confirmed the defendant’s identity by transmitting the defendant’s ○○ electronic employee card and resident registration certificate to the victim A, thereby confirming the defendant’s identity and sending the price to the victim A, and the defendant said that “I will send the same 10 electronic drying machine.”

However, the Defendant did not have 10 electronic drying devices and did not have the intent or ability to sell them even if he received money in the name of dry period from the victim. The Defendant deceptioned the victim as above and received from the victim the money of KRW 1,400,000 from the bank account under the name of the Defendant as the price for goods: from that time to December 14, 2018, and acquired the money of KRW 148,110,000 in total from the victim as the price for goods as shown in the attached crime list (1).

2. nominal fraud of investment funds;

around July 6, 2018, at the coffee shop near Pyeongtaek-si in Gyeonggi-do, Defendant 2 had ‘a so-called ‘a so-called ‘a so-called ‘a part of the purchase price to return it later' to the victim B who became aware of in the process of proposing the transaction of goods as above'. The use of it can be punished by money.

If the investment of KRW 4,00,000 was made, it would return the earnings of KRW 200,000."

However, in fact, there was no so-called so-called so-called so-called the so-called “agres system”, and even if receiving money from the victim as above, there was no intention or ability to return not only the profits but also the principal to the victim. The Defendant, by deceiving the victim as above, received KRW 4,00,000 from the victim to the ○ bank account in the name of the Defendant’s name and received from the victim to the ○○ bank account in the same manner as shown in the [Attachment List of Crimes (2] from August 31, 2018, received the total amount of KRW 35,750,000 from the five victims to the total amount of KRW 35,750,00 in the name of investments.

2019 High 4357, the Seoul Olympic Sports Promotion Foundation, or a person, other than an entrusted business entity, provided gambling using an act of providing property or property benefits to a person who correctly predicted the outcome by issuing sports betting tickets or similar things. Defendant 1, at around April 30, 2018, sent KRW 80,00 to an account in the name of ○○○○○○ Bank designated by the operator of the above site, and received money corresponding thereto, and 200,00 won was transferred to such an account, and 30,000 won was transferred to such an account. Defendant 2, as well as Defendant 30,000 won, 30,000 won, and 40,000 won, and 50,000 won, paid dividends in accordance with the said cyber games. Defendant 2 and 30,000 won, 30,000 won, 50,000 won, and 30,000 won.

2019 Highest 44091

1. On December 2, 2018, Defendant C made a false statement to the victim C who was aware of in the course of selling ○○ Electronic Research Institute while working for the ○○○ Electronic Research Institute on the first and second day of December, 2018, as if he still worked as the ○ Electronic Research Institute, and as if he/she had been in office as the ○○ Electronic Research Institute, there is a business that incurs profit if he/she purchases an ancillary device from ○○ Electronic Research Institute and sells it to the consumer. In addition, Defendant C made a false statement to have 10% profits when investing in the business.

However, at the time of fact, the defendant was in the situation of withdrawal from ○○ Electronic, and even if he received money from the victim, he was thought to use it as gambling funds, and he did not have the intent to carry out the above business.

Defendant deceiving the victim as above, and then deceiving it from the victim to ○ bank account in December 5, 2018, the sum of KRW 20 million around 5,000,000,000 on June of the same month, and KRW 23,000,000 on July of the same month, and KRW 23,000,000 on 7th of the same month, and acquired it by deception.

2. On August 16, 2017, Defendant D’s fraud Defendant: “Around August 16, 2017, the victim D, who had a relationship with the victim, imported cosmetic products produced in China, and distributed them in Korea.” The victim D, who borrowed money in need of urgent business funds, made a false representation.

However, in fact, even if the Defendant received money from the victim in the name of the borrowed money, it was thought that it was used as gambling money, so there was no idea to use it for the business related to the importation of beauty art products, and there was no intent to repay it. The Defendant deceptioned the victim as above and received 2,00,000,000 won from the victim to the account in the name of ○ bank account in the name of the Defendant from March 16, 2018, from that time, the Defendant received 51,280,000 won in total from March 17, 2018 through the same method as shown in the List of Crimes (4).

3. On November 13, 2018, Defendant 2 concluded that “A victim E, who operates a sales agency of ○○ Electronic Equipment, is a researcher of ○○ Electronic Head Office, who is a researcher of ○○ Electronic Head Office, and does not discount to purchase goods through B, and orders the goods to store at the match, the goods will first be paid at around November 30, 201.”

However, the Defendant did not have any intent or ability to pay the price for the electronic equipment even if the victim delivered the electronic equipment to the place designated by the Defendant. The Defendant, by deceiving the victim, had the victim deliver the electronic product in total amount of 25,546,000 won at the market price to the FF residing in Guri-ri, which is equivalent to the market price of KRW 1,80,000,000, and thereafter had the victim deliver the same amount of the damage to the victim. By November 26, 2018, the Defendant had the victim deliver the electronic product in total of KRW 25,546,000 at the market price to the place designated by the Defendant.

4. On July 28, 2018, Defendant G, who became aware of the victim G, was entitled to receive KRW 40,000,000 from 10,000 upon deposit of KRW 10,000,00,000 from the victim G, by filing an application for revocation with the victim for the cancellation of KRW 6,09,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, to the victim G.

However, even if the Defendant received money from the victim in the name of money, such as the cost of electronic and electronic equipment, he/she was thought to use money for gambling, and there was no intention or ability to send the difference between the amount remitted by the victim and the cost of electronic and electronic equipment and the victim to the victim. As above, the Defendant deceiving the victim as above and obtained KRW 10,000,000 from the victim to the Defendant’s bank account in the name of ○○ bank on July 28, 2018, and acquired it by fraud as the means of remitting the money for electronic equipment.

around March 16, 2016, Defendant 4831 stated to the effect that “Around March 16, 2016, Defendant 1 may repay the money borrowed at any time when the office deposit is refunded on the ground that the deposit of the office deposit of the company office operated by Seoul is about KRW 130 million and the office deposit is refunded.”

However, in fact, since the defendant does not know his personal information, the distribution business that the defendant is going to run is making a lot of profits by distributing beauty art products, the defendant is making an investment in the business, and the defendant does not know about the specific contents of the business, such as the business structure or the method of making profits from the business, so it is not clear whether the actual profits have accrued or not, and there was no office for the defendant to pay the deposit amount of KRW 130 million in Seoul, and there was no office for the defendant to rent the deposit amount of KRW 50 million in Seoul, and since he was able to use the deposit amount of KRW 50 million in the name of personal debt repayment, etc., first of all, he did not have any intention or ability to pay it even if he borrowed money from the victim as a result of his personal debt repayment, etc.

Nevertheless, the Defendant made a false statement to the purport mentioned above, and the Defendant derived from receiving KRW 47 million from the victim’s account in the name of the Defendant on the same day, and received KRW 47 million from the time to March 10, 2017, a total of KRW 130,485 million from the victim via money, as shown in the crime sight table (6) in attached Table 12 times from March 10, 2017. Accordingly, the Defendant deceptioned the victim, thereby making it convenient for the Defendant to take this out. < Amended by Presidential Decree No. 25343, Mar. 13, 2019>

1. Around June 21, 2018, the Defendant’s fraud against the Victim K: (a) sent 00 electronic staff cards, etc. to the Victim K who had been contacted through the Internet intermediate trading website and the Korean bulletin board to verify the Defendant’s identity; and (b) stated that “Around June 21, 2018, the Defendant paid 3.7 million won in 200,000 won in 200,000 won in 3.7 million won in 200,000 in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 20,000 won in 2

However, in fact, the Defendant did not have the same ○○ Electronic 86 TV, and did not have any intent or ability to sell it even if he received money in the name of TV payment from the victim. The Defendant, by deceiving the victim as above, received 3.7 million won from the victim to the bank account in the name of the Defendant on the same day from the victim and received 3.7 million won from ○○ bank account in the name of the Defendant.

2. Fraud against victim L;

A. On August 21, 2018, at the ○○ Office where the Defendant is working for Pyeongtaek-si, Defendant 2 made a false statement that “The Defendant’s identity was verified by transmitting 10 electronic membership cards and resident registration certificates to the victim L, which was contacted through the message board of the online trading website,” and “the Defendant’s identity was confirmed by transmitting 0 electronic membership cards and resident registration certificates to the victim L, who was working for the ○○ Electronic Research Institute, and 86-person TV new products of 00,000 won, to purchase them at a lower price than the domestic price by bringing them into the Republic of Korea through overseas points.”

However, the Defendant did not have the same ○○ Electronic 86 TV, and did not have any intent or ability to sell it even if he received money in the name of TV payment from the victim. The Defendant, by deceiving the victim as above, received 4.3 million won from ○ bank account in the name of the Defendant on the same day to ○○ bank account in the name of the Defendant.

(b) Investment funds fraud;

On August 21, 2018, Defendant 1 received KRW 43 million from the victim L in the said place from the said place, and then phoneed to the victim, and “Around August 21, 2018, Defendant 1,40,000 after installing TV for additional 1,200,000 won through the accumulation of set-off of set-off of set-off of KRW 1,200,000,000,000 from the victim L.”

However, there was no same mileage system, and even if the victim receives money from the victim, it is thought that it will be used individually, and there was no intention or ability to allow the victim to receive a refund of the mileage reserve. The defendant deceivings the victim as above, and acquired it by transfer from the victim under the name of ○○ bank account opened in the name of the defendant on the same day.

【2020 Highest 1099

1. Borrowing funds;

On March 16, 2016, Defendant 1, at the ○○ Electronic Office where Defendant located in Pyeongtaek-si, “A business in which he/she is making an investment is required to pay money to the victim M. (hereinafter “M. 31 years of age”) who is working in the workplace. In order to maintain the business in which he/she is making an investment. If the additional money is not paid, it is difficult to recover the principal. Around March 16, 2016

However, even if the defendant received money from the victim, he was thought to use it for the Internet gambling fund or personal debt repayment, and there was no intention or ability to repay it since he did not have invested in other projects.

Defendant deceiving the victim as such, and caused the victim to transfer KRW 5,00,000 to the Internet gambling account under the name of ○○○ account, which is the Internet gambling account designated by the Defendant.

In addition, from around that time to around February 28, 2018, Defendant 1 transferred total of KRW 133,930,000 to the account designated by the Defendant, as shown in the attached list of crimes (7) as shown in attached Table 51.

2. Fraud of settlement money;

On January 26, 2017, Defendant 2 believed that the above victim was engaged in the investment business in the above Defendant’s office, and said, Defendant 2 said that “I would immediately pay back the victim if I would know that I would purchase the goods from NAV, instead of selling it.”

However, Defendant did not have a business to make an investment, and all of the funds borrowed from the victim through Internet gambling, etc., so the victim did not have the ability to make a repayment even if the purchase price of the goods is paid on behalf of the victim.

The defendant deceivings the victim as such and caused the victim to settle the amount of KRW 3,00,000 on the victim's ○○ card on behalf of the victim, thereby acquiring financial profits equivalent to the same amount.

Summary of Evidence

Omission

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Article 347(1) of the Criminal Act (the fraud, the choice of imprisonment, the choice of imprisonment), Article 48 Subparag. 3 and Article 26(1) of the National Sports Promotion Act (the occupation of each gambling and the choice of imprisonment)

1. Aggravation of concurrent crimes;

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

The grounds for sentencing include the following circumstances and the defendant's age, character and behavior, attitude, background and motive leading to the criminal conduct, the means and consequence of the crime, and the circumstances after the crime, and the conditions of sentencing as shown in the records and arguments of this case, shall be comprehensively considered to determine the sentence identical to the disposition.

○ favorable circumstances: The defendant has committed all crimes, and there is no record of punishment except for gambling fines.

00 million won or more and used approximately KRW 400 million for illegal sports soil funds, etc. in light of the contents of the crime and the amount of damage, the degree of the crime, the number of the crimes, etc., the crime is inferior, the damage is very serious, the damage is not paid, the damage is rare, and there is a possibility of criticism against the motive of the crime for the purpose of raising the gambling fund.

Judges

Judges Jind Crime