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(영문) 대구지방법원 2019.08.08 2019고단1950
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On November 21, 2017, the Defendant was sentenced to eight months of imprisonment for violating the National Sports Promotion Act at the Daegu District Court, etc., and completed the execution of the sentence at the Daegu Detention Center on March 17, 2018.

[2019 Highest 1950] When the defendant is confined to the Daegu Detention House due to the above violation of the National Sports Promotion Act, etc., the defendant became aware of the victim while using confinement wards such as the victim B.

1. On October 2018, the Defendant displayed two computers in the “E” store located in Daegu-gu Dong-gu, Daegu-gu, as an employee at the “E store,” while working for the Defendant at the “E store” store, and said, “if he gets a gambling on the F website (illegal online gambling site) using the automatic hosting program developed by D by this computer, profit would occur. If he gets an investment of KRW 400,000 per day by 1.2 million per 1,200,000 per unit of AD (ID), 40,000 won per day will be distributed every 10,000 won out of the profits.”

However, in fact, ① the above automatic hosting program was not developed by D, but was merely guaranteed that the defendant gave and purchased one million won through the Internet and did not make a fixed daily profit. ② Since the victim thought to use it as personal debt repayment and gambling funds, there was no intention or ability to distribute the proceeds to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9.6 million from the victim to the Nonghyup Bank account in the name of the Defendant-designated around November 3, 2018.

2. On November 2018, the Defendant made a false statement to the victim that “I would like to receive more dividends by making an additional investment in money at any time and at any time at the same place.”

However, in fact, the defendant is willing to distribute profits to the victim as above.

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