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(영문) 창원지방법원 2021.02.03 2020고단3634
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 3,500,000 won to the applicant for the damage acquired by deceit.

Reasons

Punishment of the crime

[criminal records] On October 30, 2020, the Defendant was sentenced to three months of imprisonment and one year of suspended execution for fraud at the Changwon District Court on the ground of criminal fraud, and the judgment became final and conclusive on November 7 of the same year.

[2] On July 2020, the Defendant: (a) opened a site of “C” at Fluxa, 2020; and (b) posted a letter to promote the above site to DMammo, thereby recruiting members.

The defendant reported the above advertisement and introduced that the rate of return would be 10% in order to create profits by investing money in the game in the country called "Bam" to the victim B (the older person 31) who joined the above site. The defendant stated that the return of return would be 100%, and that it would be possible to pay high profits if the investment was made in the game.

However, in fact, the Defendant did not have invested money in the hard game game in the country called "the Ballast" and did not have any intent or ability to pay dividends by granting high profits even if the Defendant received money from the damaged party by deceiving the money from the beginning.

Nevertheless, as above, the Defendant: (a) was accused of the victim and transferred KRW 2,500,000 on July 30, 2020 from the victim to the account under the name of the Defendant as investment deposit; and (b) from that point of time, from that point of time as shown in the List of Attached Crimes (1).

8. A total of KRW 11,500,000 was received from the victims by the same method until April 14.

On August 10, 2020, the Defendant, “20, 3699,” made a false representation that he/she would not only recover principal but also enjoy high profits during a short-term period of time by having access to the Internet D Caf, “F,” “F,” thereby holding the victim G (hereinafter 35 years of age) a day-to-day horse with a day-to-day painting, and making an investment.

However, the defendant did not have any intention or ability to pay dividends even if he received the investment from the damaged person by acquiring the money from the damaged person from the beginning.

Nevertheless, the defendant is the victim as above.

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