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(영문) 창원지방법원 2016.07.22 2016고단286

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 705,00 won to the applicant C, and the defendant shall pay 705,00 won to the applicant D.

Reasons

Punishment of the crime

On May 28, 2014, the Defendant was sentenced to seven months of imprisonment for a crime of fraud at the Changwon District Court, and completed the execution of the sentence at the Changwon Prison on June 16, 2014. On June 25, 2015, the Changwon District Court sentenced the Defendant to one year of imprisonment for a crime of fraud at the Changwon District Court on June 25, 2015, and completed the execution of the sentence on October 20, 2015.

"2016 Highest 286"

1. On November 10, 2015, the Defendant, on the part of the Defendant, puts a false writing that he/she sells online PC and smartphones on the Internet 'highest country' car page using PC and smartphones at the seat of his/her residence in Kimhae-si, Kimhae-si, and, on the part of the victim O who reported and contacted with this, first transfers the price of goods to the victim O, he/she will deliver the mobile phone.

In fact, although the Defendant received money from the said goods without any possession of the said goods, it was thought that he would waive consumption by using them as money for gambling on the Internet. As such, although the Defendant did not have any intent or ability to deliver the said goods, the Defendant deceivings the victim as above and received KRW 125,00 from the victim on the same day, and then, he received KRW 125,00 from the victim to the corporate bank account (P) in the name of the Defendant’s bank account in the name of the Defendant from around that time, and received KRW 74 from January 26, 2016, by deceiving 74 victims by the same method as shown in the attached Table (1) in the same manner as in the attached Table (1), and acquired money from them as the proceeds of the goods.

2. A person violating the Act on Promotion of National Sports (Gambling, etc.) is prohibited from gambling using an act of offering property or property benefits to a person who was not an entrusted business entity or the Korea Sports Promotion Foundation for the Seoul Olympic Games or a person who issued voting rights for sports promotion or any similar things and offered property or property benefits to a person who correctly predicted the result. On November 5, 2015, the Defendant was affiliated with the Internet illegal sports gambling site (R) site using the PC computer and smartphone at Kimhae-si, and thereafter, the Defendant’s bank in the name of the Defendant.