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(영문) 청주지방법원 2020.10.07 2020고정238
사기
Text

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

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

Reasons

Punishment of the crime

Defendant

A around January 14, 2019, around 2019, up to 2019, written comments to sell a singular game room with access to the Internet B, and reported that “30,000 won was remitted to the victim C, and provided a singular location.” However, even if the Defendant received the said cash from the victim, he did not have the intent or ability to transfer the singular game.

Nevertheless, the Defendant, as seen above, was transferred KRW 300,000 to a bank account under the name of A (E) around January 14, 2019, around 09:48, from the victim who was believed to belong to the victim.

In the above manner, the Defendant: (a) from January 14, 2019 to April 24, 2019, issued KRW 2,065,00 to nine (G) bank accounts in the name of the Defendant, such as the victim C, etc., by deceiving that he/she would sell content games and contact diskettes in B and F from January 14, 2019; and (b) received KRW 2,065,00 from nine (G).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of relevant laws and regulations of C, H, I, J, K, L, M, N, andO

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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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