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(영문) 대전지방법원 논산지원 2017.10.20 2017고정154
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On November 2016, 2016, the Defendant: (a) sold the instant tables PC to the victim B through the Internet site “C”, etc., if the Defendant did not use Samsung B’s Samsung B PC (10.1) at a mutually influorial convenience store located in the Seocho-si, Seosan-si, Seosan-si.

A false statement was made.

However, in fact, the Defendant did not have any intent or ability to sell the said PC via the Internet on behalf of the victim, even if he received the said PC from the victim, because he thought that he would purchase the game items as described in paragraph 2 below.

The Defendant received approximately KRW 400,000 Samsung C&W PC from the damaged party, namely, at the market price.

Accordingly, the defendant was given property by deceiving the victim.

2. Computer and other fraudulent means;

A. On November 9, 2016, the Defendant purchased a game capital equivalent to KRW 500,000,000,000 in total, by means of entering the victim’s mobile phone number and the front six numbers of resident registration numbers connected to the victim’s instant solar PC, which was known in advance, using the Defendant’s Internet site via Samsung Cable PC, at a place not known to the victim from around November 9, 201 to around the 15th of the same month.

B. On November 21, 2016, the Defendant purchased game items worth KRW 494,912 in total eight times in total by accessing “E” using the said tables PC at a place not known from around November 21, 2016 to around December 23, 2016, inputting the mobile phone number and correspondence number indicated in the said paragraph (a) and obtaining certification numbers with the said tables PC.

Accordingly, the defendant acquired financial benefits equivalent to 994,912 won in total by inputting information into a computer and other information processing device without authority.

(i) the evidence;

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