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(영문) 수원지방법원 2020.11.11 2020고단5587
사기등
Text

A defendant shall be punished by imprisonment for six months.

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 January 23, 2019, the Defendant made a false statement to the effect that “The Defendant would immediately make payment to the victim B by lending money for two to three days.”

However, the defendant did not have any special property at the time and did not have any intention or ability to repay the money on the date of the promise because he thought that he would be frightening even if he did not receive the money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 200,000 from the victim to the Cbank account (D) on the same day, and received KRW 38,630,040 from that time until June 28, 2019, in total, 64 times, as shown in attached Table 1.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, at around 00:19 on February 8, 2019, the Defendant, using the Defendant’s mobile phone, sent the Defendant’s mobile phone to the Kakakakao Stockholm message that read “the 200th son is the same as the widthing,” and “the 200 Kakao is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that is the one that s

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of the remittance details to the complainant, each of the sending details of the defendant (Kakaox), the account details of the victim Cbank, the account details of the victim E bank account details, the Kakakao messages, and the application of the Acts and subordinate statutes on the transaction details of the suspect Cbank;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (including fraud, inclusive) for criminal facts, information and communications network;

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