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(영문) 대전지방법원 2020.01.08 2019고정745
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 12, 2018, the Defendant made a false statement to the victim C, which became aware of in the “B network server” of online game “B,” that reads that “on deposit of money, the Defendant would transfer the host game items OmonX e-mail card.”

However, the defendant was false to raise living expenses, and even if he received money from the victim, he did not have the intent or ability to send game items.

Accordingly, the Defendant, by deceiving the victim, received 1 million won from the victim to the agricultural bank account under the name of the Defendant on the same day, and acquired it by deceiving the victim, and then acquired 2,050,000 won in total on four occasions from around that time to September 14, 2018, as stated in the attached crime inundation list.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of C, D, E, and F;

1. Application of Acts and subordinate statutes to each written appeal and documentary evidence;

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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