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(영문) 서울동부지방법원 2017.05.15 2017고단602
사기등
Text

A defendant shall be punished by imprisonment with prison labor for a short-term of 6 months and a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. The Defendant, on January 10, 2017, connected the Defendant’s house located in Seongbuk-gu, Sungnam-si D to a mobile phone with the Internet-type display box from the Defendant’s house located in Seongbuk-gu, Sungnam-si, to sell “LG Nowon-gu.”

“On deposit of KRW 350,00 to B,” written comments to the victim E who reported and contacted, “on deposit of KRW 350,000 to B, you will send the Nowon-gu to the Party.”

“.........”

However, the Defendant did not have any intention or ability to sell the Nowon-do to the victim because he did not want to use the Nowon-do in gambling with money from the victim.

As such, the Defendant, by deceiving the victim, obtained 350,000 won from the victim’s new bank account in the name of the Defendant on the same day from the victim, and acquired 4,650,000 won in total over 11 times from January 19, 2017, from that time, from the time to January 19, 2017.

2. On December 1, 2016, the Defendant joined the gambling site (F) opened and operated by Defendant’s cell phone name in a mobile phone, and betting one of the gambling districts on one of the gambling districts at a rate of 50:50,000 won in betting and gambling at the betting rate of 400,000 won in the gambling game “as soon as the betting and gambling are determined by the betting at a rate of 50:50,000, from that time until January 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (referring to two,6,12,14,18,22,24,27,30,33,36 on a net basis);

1. Each investigation report (for example, 38,40) ;

1. Inquiry into details of transfer, detailed statement of transfer, detailed statement of transfer transactions, and detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on the Kakao Stockholm conversation, a copy of a sales text, a copy of a conversation, and a copy of each text text recording;

1. Article 347 (1) of the Criminal Act (the fraudulent point, the choice of imprisonment with prison labor), and Article 246 (1) of the Criminal Act, comprehensively, as to the facts constituting an offense (the point of gambling) and Article 347 (1) of the same Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and 3 of the Criminal Act, which shall be aggravated for concurrent crimes.

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