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(영문) 서울중앙지방법원 2020.07.21 2020고단3428

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 9, 2020, the Defendant was sentenced to imprisonment with prison labor for three years and eight months at the Seoul Central District Court on July 9, 2020 to imprisonment with prison labor for the following three years and eight months, as well as to imprisonment with prison labor for other criminal records (the Busan District Court Branch Decision that sentenced two years of suspension of execution on August 9, 2017, and the final decision on August 17, 2017, which sentenced two years of suspension of execution to imprisonment with prison labor for one year) and to imprisonment with prison labor for the latter concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, this part does not expressly indicate the facts constituting the crime in the instant case and the latter part of Article 37 of the Criminal Act, as it is not related to the latter.

the above judgment was rendered and became final and conclusive on July 17, 2020.

On October 29, 2018, the Defendant concluded that “The Defendant would sell KRW 40,000 of the game money (Dao) of the “Maban online game” to the victim B for sale of KRW 7.60,000,000 to the victim B at the Kakao Kakao Stockholm.”

However, the defendant purchased game money by credit card C through the purchase of the game money, and reported by illegal use of credit card by fraudulent means, and held only abnormal game money that did not pay due payment by means of cancellation or refund of credit card payment. Therefore, even if he receives payment from the above victim, he did not have the intent or ability to pay normal game money to the victim.

As above, the Defendant, by deceiving the victim as above, received 760,000 won from the victim B to the bank account (E) in the name of the Defendant from the victim B on the same day, and thereafter, received from the victim four times until January 14, 2019 the sum of KRW 2,10,000,000 from the victim four times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. The police statement concerning G;

1. Each statement of B and H;

1. Details of transfer, details of account transactions, detailed statement of deposit transactions, statement of results of transfer, and certificate of transfer confirmation;

1. Details of conversation with Kakaoo;

1. His previous convictions.

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