(영문) 서울남부지방법원 2020.05.14 2020고단527

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(영문) 서울남부지방법원 2020.05.14 2020고단527

사기

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 29, 2019, the Defendant: (a) opened an Internet “CCCCP” at an insular place; and (b) reported it to the victim D through the Kakakakao Stockholm conversation, the Defendant made a false statement to the effect that “on deposit with members of the website known to him/her, he/she may receive profits if he/she deposits money; (c) South Korea maintains a 85% winning rate using a computer analysis program with three players, thereby making it impossible for him/her to make a payment of money.”

However, even if the defendant received money from the victim as a private gambling site, he did not have the intention or ability to return the principal to the victim or to pay the profit properly.

Nevertheless, the defendant deceivings the victim as above and caused the victim to deposit KRW 10 million in the account in the name of (E) the account used at the gambling site and acquired it by fraud.

2. The Defendant made a false statement at the above time and at the above place to the effect that “The above victim made profits of KRW 13 million with the amount invested, and the commission equivalent to KRW 35% is required to exchange such money, and it is necessary to exchange the fee with the money to make a deposit.”

However, in fact, the defendant received money from the victim and thought to use it as living expenses, etc., and there was no profit, and even if he received money from the victim, he did not have the intention or ability to pay the profit properly up to 13 million won.

Nevertheless, the defendant deceivings the victim as above, caused the victim to deposit 4050,000 won in the name of the defendant-friendly custody F in the name of the defendant-friendly custody, and acquired it through F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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