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(영문) 대구지방법원서부지원 2020.08.14 2020고단1929
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 5, 2019, the Defendant prepared and posted a letter to the effect that he/she sells a golf distance measuring instrument with access to the Internet-based golf product trading site B, which is a website, and made a false statement to the effect that he/she will send money to the victim C who contacted with the Defendant.

However, in fact, the defendant did not have the intent or ability to send the goods even if he received the money from the victim and did not have the goods sold to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 3,90,000 won from the victim as the price for the sale of goods at around 18:23 on the same day from the victim, to the D Bank E (F) account under the name of the Defendant.

2. No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party;

Nevertheless, around November 29, 2019, the Defendant received a proposal from the Defendant to the effect that “to purchase a mobile phone core chip” by accessing the Internet website at the Defendant’s residence located in the GG subparagraph H of the GG building in the GG building in the GG building in the GG building in the GGG, and accepted the proposal to the effect that “the Defendant will purchase KRW 30,000 per unit of the core chip” from the Defendant.

Accordingly, the Defendant sent information necessary for opening of the cell phone, such as the Defendant’s identification card pictures, to the Kakao Stockholm on the same day, and had the person under whose name the name the Defendant had opened one cell phone number I (one of November 29, 2020) under the name of the Defendant.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. The details of the police statement made by the defendant to the J on the court statement and the certificate of transfer;

1. To report internal investigation (E account replys), warrants, and warrants;

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