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(영문) 대구지방법원 2014.08.29 2014고정1648
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court, and the judgment became final and conclusive on May 3, 2014.

1. On December 28, 2012, the Defendant: (a) reported a false statement that the victim B would buy 50,000 won on the screen page C of the Internet network game; and (b) sent 50,000 won to the victim B by printing it at an unclaimed place; and (c) made a false statement that the Defendant would sell 12,200,000 won of the game money.

In fact, the defendant did not have the intention or ability to trade game money.

Nevertheless, at around 16:15 of the foregoing day, the Defendant received KRW 50,00 from the victim to the Agricultural Cooperative D account under the name of the Defendant.

2. On January 3, 2013, the Defendant made a false statement that the Defendant would offer game money (100 million won) to the victim E at an online game online online game C if he/she transfers KRW 30,000 to the victim E via the game room and Kax.

In fact, the defendant did not have the intention or ability to trade game money.

Nevertheless, at around 09:49 of the above day, the Defendant received KRW 30,00 from the victim to the Agricultural Cooperative D account under the name of the Defendant.

3. On February 27, 2013, the Defendant stated that “I will sell the game money” on the screen of the Internet set-to-door game C at an unspecified place, and made a false statement that I would deliver money to the victim F who requested a conversation on the game if I would deposit money.

In fact, the defendant did not have the intention or ability to trade game money.

Nevertheless, at around 06:42 the above day, the Defendant received KRW 171,00 from the victim’s agricultural bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each statement of E and F;

1. The specifications of each transaction, message photographing photographs, detailed statement of transactions, deposit statement, deposit certificate, contents of the Messengeration and photographing;

1. Case search data (Tgu District Court Decision 2013Gohap513), judgment [2013Gohap513, 552(Joints), 600(Joints),

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