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(영문) 인천지방법원 부천지원 2020.06.18 2020고단1604
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

On January 29, 2020, at around 03:34, the Defendant posted a notice to the effect that “F Game money is sold” by accessing DCP at the French site. On January 29, 2020, the Defendant reported the false statement to the victim G who visited the Defendant that “I will pay KRW 80,000 to the game money.”

However, the defendant did not have the intent or ability to transfer the game money to the victim at the time, and even if he received money from the victim, he thought that it would be used as the payment of Internet gambling fund or fine for the existing fraud crime.

Nevertheless, on January 29, 2020, the Defendant, by deceiving the victim as above, received KRW 80,000 from the victim to the company bank account (Account Number H) in the name of the Defendant, and acquired KRW 2,103,50 in sum from 17 victims in the same manner as indicated in the attached crime list from around that time to April 3, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of I, C, J, K, K, L, B, M, N, P, Q, R, S, T, U,V, and W

1. Application of Acts and subordinate statutes to the output of the certificate of deposit on X-FF date, output of each conversation, output of each deposit certificate, printed out of the contents of the Kakakao Stockholm conversation, Dcarkao Stockholm conversation, printed out of the remittance certificate (Attachment to Kakao Stockholm dialogue), printed out of the remittance certificate, sales closure data, internal investigation report (which is divided into A and A) (Kakakakao Stockholm dialogue and telephone conversations), account transaction details (company bank), printed out of the account transfer statement, one copy of the statement of transfer, and one copy of the statement of transfer;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 25(1)1 and Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Orders for Compensation and Declaration of Provisional Execution (excluding the following rejection parts):

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