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(영문) 부산지방법원 2015.08.13 2014고정5361
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the defendant and C did not have the intent or ability to open and operate the Internet gambling site, they intended to receive investment money from others for personal use under the pretext of opening and operating the Internet gambling site.

On November 24, 2011, the Defendant received 22:00,00 won from the victim D to the Busan Bank account in the name of E as a down payment, and later the Defendants solicited the victim to make an investment on December 2, 201, in the same purport as in the case of preparing to operate the Internet earth site, and made an investment of KRW 80-1 million per day. If the Defendant invested KRW 25 million, the Defendant would make an investment of KRW 30-1 million per day, 30,000,000,000,000 from the victim to the Busan Bank account in the name of E as a down payment. The Defendant received 2.5 million won from the victim as a down payment from the victim to the victim’s Busan Bank account in the name of E. On December 2, 2011, the Defendants received 2.5 million won from the victim to the same purport.

Therefore, the Defendants conspired to attract the victim to acquire the total of KRW 25 million.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by witnesses D in the third protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including the substitute part);

1. Each police statement concerning D;

1. A complaint;

1. An investigation report (affording an analysis of a specification of transactions of accounts received), and application of each immigration statute;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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