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(영문) 대구지방법원 포항지원 2019.08.28 2019고단716
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[criminal power] On May 3, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the port branch of the Daegu District Court on the 11st of the same month, and the judgment became final and conclusive on May 30, 2019, and is currently under suspension of execution. On May 30, 2019, the same court was sentenced to one year of imprisonment with prison labor for a crime of fraud, etc., and the judgment became final and conclusive on July

【Criminal Facts】

On November 18, 2018, the Defendant posted a false statement to the effect that “C Information Kaf B will open cash if the payment for the C Information Use Fee is set off.” On November 18, 2018, the Defendant sent a false statement to the effect that “on the face of an internal notification, the Defendant would send KRW 340,000 in cash to the E Game Account for filling F (Game money used in E Game) equivalent to KRW 440,000 in connection with the E Game Account.”

However, in fact, the defendant thought that the victim would exchange the F with cash and use it for all the cost of living. Therefore, even if he received F, he did not have the intention or ability to remit 340,000 won in cash to the victim.

The Defendant, by deceiving the victim as above, received from the victim the F amounting to KRW 440,00 in the account of G E Game in the name of G used by the Defendant, and acquired pecuniary benefits equivalent to that of the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Domestic investigation report (Submission of documentary evidence for damage) - Publication of text messages and B, data referred to in subparagraph 717 of the request for provision of communications data, replys to a warrant of search, seizure and verification, internal investigation report (Submission of expert G, H currency and documentary evidence) - replys to a request for provision of communications data (No. 2019-949);

1. Previous convictions: Criminal records, investigation reports (Attachment of written judgments), written judgments, investigation reports (criminal records, etc. before suspension of execution of sentence), written judgments, summary orders, each written judgments, previous rulings, and report on results of confirmation and application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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