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(영문) 광주지방법원 2020.12.09 2020고단3358
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 10, 2020, the criminal defendant against the victim B made a false statement that he/she would sell home-based game items “to access the Internet E” from the “DPC bank in Seo-gu, Seo-gu, Gwangju, and to the victim B who reported and contacted this,” “to send money to the victim B.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell game items.

Ultimately, the Defendant deceivings the victim as above, and received 40,000 won from the victim’s account (Account Number F) in the name of the Defendant.

2. Around April 13, 2020, the Defendant against the victim G made a false statement to the effect that he/she would sell “DPCs by accessing the Internet E” in Seo-gu, Seo-gu, Gwangju to sell “DPCs” (hereinafter “DPCs”). The Defendant posted a false statement to the victim G who reported and contacted that “on the transfer of money, he/she would send anti-pugs.”

However, even if the defendant received money from the victim, he did not have the intention or ability to sell anti-sale sports.

Ultimately, the Defendant deceivings the victim as above and received KRW 100,000 from the victim’s account (Account Number F) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of B and G;

1. Each certificate of deposit;

1. Application of Acts and subordinate statutes to the output of each conversation;

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

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. In light of the fact that a defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been sentenced to juvenile protective disposition and punishment for fines several times due to frauds, the criminal liability is not less severe.

However, it is against the law, the amount of damage caused by fraud is a small amount, and the time of each crime of this case.

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