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(영문) 대구지방법원 2014.02.14 2013고정1603
사기
Text

Defendant shall be punished by a fine of 1.50,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From April 10, 2012, the Defendant has been running the “PCIP lease business” (where a customer pays a certain amount of money, the business that connects the customer with intellectual property of a specific PC to obtain the same benefit as using a computer in the PC for a given period of time at a place other than the PC.) with the trade name “D” in Daegu-gu, Seo-gu, Seoul.

On December 7, 2012, the Defendant stated to the effect that “The Defendant would connect the victim E with the IP benefiting from the PC if he/she remitted the price of KRW 50,000 to the victim E by telephone.”

However, at that time, the Defendant did not know whether there was benefit (Y-coin for games) from the PC that could be connected with the above business, and there was no intention or ability to get the victim to benefit from the PC by converting the above business into PCIP with Y-coin.

The Defendant, by deceiving the victim as above, received KRW 50,00 from the victim to the post office account (F) in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Copy of a statement of passbook transaction;

1. Application of the statutes on the details of cell phone calls;

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

1. Articles 70 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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