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(영문) 광주지방법원 순천지원 2016.05.18 2015고단1861
사기
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 8, 2014, the Defendant related to gambling programs made profits to the victim C at the coffee shop located in Daejeon, because there is a good program, and the program was installed and access to the Internet Bacar website was automatically displayed.

This part of the facts charged is that the defendant has a good program, and this program is installed and automatically displayed with access to the Internet Bala site, making profits without any conditions.

(b) A public prosecution was instituted on the charge that, even if no profit was made, half of the principal would be possible to recover.

However, according to the witness C and D’s legal statement, it is difficult to recognize the fact that the defendant told the victim C with the phrase “unconditioned profits”, and thus, this part is deleted from the facts charged.

In order to purchase one program, 3.5 million won, 1.5 million won, 1.5 million won, and 2 million won in initial hostings are included in the total of 7 million won.

Cruelly, even if no profit is made, half of the principal can be recovered.

However, in fact, the defendant received money from the injured party for the cost of purchasing the program and planned to use it for the Internet Blada gambling, and installed the car automatically hosting program by a non-fluence, but it did not guarantee profits even if it was installed.

The defendant deceivings the victim as above and was transferred KRW 14 million to the victim as the purchase cost of the program on the same day by the victim.

2. On December 4, 2013, the fraud accused related to the borrowed money would incur a problem in the payment of the customer penalty due to the failure of the victim C to pay allowances to the victim C at the F mobile phone store located E in the lightyang-si, E.

It was called that he will pay back immediately as he borrowed money.

(b).

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