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(영문) 대구지방법원 2020.08.19 2020고정136
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 22, 2019, the Defendant posted a letter stating “D sales” on the Internet website C bulletin board at the Daegu Suwon-gu website B, Daegu-gu, stating that the Defendant would send the D account (F) if the Defendant reported and contacted the victim E send KRW 2.60,000 to the victim E.

However, in fact, the defendant was thought to use money from the victim as living expenses, etc., and there was no intention or ability to send the account to the victim.

The Defendant, by deceiving the victim as above, received 260,000 won from the victim to the account of community credit cooperatives under the name of the Defendant on the same day.

2. On September 23, 2019, the Defendant posted a letter stating “sale of D accounts” on the Internet website C bulletin board at the above place, and falsely concluded that the Defendant would send the D account to the victim G who reported and contacted with the Defendant to send KRW 2.10,000 to the victim G.

However, in fact, the defendant was thought to use money from the victim as living expenses, etc., and there was no intention or ability to send the account to the victim.

The Defendant, by deceiving the victim as above, received 2.10,00 won from the victim to the account of community credit cooperatives under the name of the Defendant on the same day.

Summary of Evidence

1. Application of the Acts and subordinate statutes to a report on investigation into suspect identification cards E and a conversation data (Submission of details of refund) sent to E of the police interrogation record E and G to the accused, a photograph of the suspect identification card, a closure photograph related to the game account, and a conversation data G;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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