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(영문) 의정부지방법원 2020.04.02 2019고단3327

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On July 11, 2019, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (obscenity) at the Jung-gu District Court, and the said judgment became final and conclusive on December 6, 2019.

【Criminal Facts】

The defendant of "2019 Highest 3327" is the victim B's kina.

On December 12, 2016, the Defendant concluded that “D” restaurant located in Seogu-gu, Daegu-gu, the Defendant provided the victim with a deposit of KRW 20 million with KRW 20,000,000,000,000. It is insufficient to supply funds to operate a marina shop by altering the place. If the Defendant borrowed money, he/she would have to pay money within two to three months for the business.”

However, in fact, the Defendant did not have leased 20 million won or more, and the Defendant did not intend to run the shop with the intent to use the money borrowed from the victim for other purposes, such as living expenses. Even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant, as above, by deceiving the victim, received delivery of KRW 15 million from the victim around December 12, 2016, KRW 15 million around December 29, 2016, KRW 15 million around December 29, 2016, and KRW 5 million around February 6, 2017.

"2019 Highest 4713"

1. No one shall distribute, sell, lease, or openly exhibit any obscene code, language, sound, image, or picture via an information and communications network;

From January 3, 2019 to March 4, 2019, the Defendant connected Adi I, J, and K using a computer in the bulletin board of the F’s website from the Daegu Suwon-gu G Building H to “F”, and posted a video of the content of sexual intercourse with “L” using automatic transmission program, and posted a total of 7,183 obscene materials screen pictures by the said method.

Accordingly, the Defendant is obscene through the information and communications network.