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(영문) 대전지방법원 2016.04.20 2016고단111
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On November 23, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Jeonju District Court on November 23, 201 and completed the execution of the sentence at the Jeonju Prison on January 11, 2012.

On February 16, 2016, the Defendant was sentenced to five years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) in the Daejeon District Court on February 24, 2016 and the judgment became final and conclusive on February 24, 2016.

[ 범죄사실] 피고인은 2012. 2. 18. 19:29 경 대전 서구 C에 있는 D 초등학교 부근 PC 방에서 사회 후배인 피해자 E에게 전화를 하여 “ 대출 알선을 하고 있는데 대출을 받고 싶으면 신용정보회사인 크레딧뱅크에 신용등급 조회를 해야 한다, 그런데 신용등급 조회를 하기 위해서는 인증번호가 필요 하다, 네 휴대전화로 전송되는 인증번호를 불러 달라, 그 동안 이렇게 일을 했으니까 너에게 아무런 피해가 없을 것이다.

The phrase “ makes a false statement.”

However, in fact, the defendant purchased an item on a fee-to-door game site, made the victim's cell phone certification number transmitted to the victim's cell phone, and then entered the certification number that the victim gets off into the above game site and completed the purchase of an item, and was thought to have the victim bear the obligation for the purchase price.

As above, the Defendant: (a) by deceiving the victim as above, entered the certification number that the victim is not the victim into the said game site; (b) caused the victim to pay the amount equivalent to the market price of KRW 650,000 from the above day to 23:00 on the same day; and (c) acquired financial profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph of details of transmission of text messages;

1. Previous convictions: Inquiry about criminal history, reporting on the results of confirmation of the previous convictions and previous convictions of disposition, inquiry about confinement, investigation report (Attachment of judgment with the record of repeated crime), application of final and conclusive statutes

1. Criminal facts;

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