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(영문) 서울중앙지방법원 2020.10.15 2019고단4689 (1)
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

When the Defendant suspended payment to the accounts used for illegal gambling conducted through B and the Internet gambling site, the Defendant could not release the proceeds from illegal gambling, and using the weak points that the illegal business could not continue to be operated, and, using the weak points, C submitted the “accident Confirmation Board” issued after submitting a false petition to the financial institution for the suspension of payment. The Defendant, despite the suspension of payment from the account being used for the illegal gambling site, was able to prevent the victims from seeking to receive all the money deposited by suspending payment from the investigative institution. From February 20, 2018 to February 21, 2018, the Defendant received KRW 230,000 from Jeju bank on the condition that the account was suspended from payment from the victim.

As a result, the Defendant conspired with the victim B and received the property.

Summary of Evidence

Each application for remedy for damage, such as the defendant, C, and B's report on internal investigation (as to a reply to the contents of a document received by the victim in the case), the email content reply (Kakaook) and the deposit sent by the victim in the case, each application for remedy for damage, confirmation of the fact of each accident, notification of the fact of suspension of payment, and summary of suspension of payment.

Application of Acts and Subordinate Statutes

1. Grounds for sentencing under Articles 350 (1) and 30 of the Criminal Act, which relate to relevant Articles of the Criminal Act and the choice of punishment;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of public conflicts [type 1] and the scope of public conflicts (special persons who are less than KRW 30 million] and there is no basic area (the area of recommendations and the scope of recommendations], six months to one year;

2. The account is suspended by the gambling site operator.

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