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(영문) 부산지방법원 2016.04.20 2015고단8188

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2015 Highest 8188"

1. On September 19, 2015, the defrauded posted the Defendant’s writing at HPC room located in Busan, Busan, Jin-gu G, stating that “The Defendant would transfer 370,000 won to I and send the phone 6 to I who sent the phone 6.0 won.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to send the victim with the 6thopon.

As above, the Defendant: (a) by deceiving the victim; (b) acquired KRW 3.5 million from the victim on September 19, 2015; (c) KRW 20,000 from September 19, 2015 to the national bank account in the name of the Defendant; and (d) acquired KRW 20,000 from September 20, 2015 to the national bank account in the name of the Defendant; and (c) acquired KRW 4.8 million from the 16 victims from the 16th day to November 24, 2015, as shown in the List of Attached Crimes (1).

2. On October 23, 2015, the Defendant: (a) called the Victim K at HPC located in Busan City, Busan, on October 23, 2015; (b) received a cell phone from the victim’s mother to “to temporarily rent and return the cell phone; and (c) obtained a cell phone from the victim; (d) purchased the game items by accessing the Defendant’s ID Nexon Roster game by entering the certification number received from the said cell phone without authority to pay the total amount of KRW 2.50,000 by paying the same money; and (e) obtained property benefits by entering the same date and time as in the attached Table 200,000 won by entering the certification number received from the said mobile phone into the game without authority of the victims on October 26, 2015. < Amended by Act No. 13318, Oct. 26, 2015>

3. Gambling, from November 8, 2015 to December 1, 2015, the Defendant is off-lined to N, an Internet gambling site, using a computer in the PC room located in the Gu and Sinsi from the Gu and Sinsi, to December 1, 2015.