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(영문) 창원지방법원 2016.06.23 2015고단3551
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 3551]

1. The Defendant, at the beginning of July 2015, visited the Defendant’s “Sable purchase” bulletin board, which was posted by the Victim B, at a non-sceptic place, and connected to the Defendant’s bulletin board, a naval net bulletin board of the Navy.

The author reported the content of “on the part of the victim,” and sent a text message, etc. to the effect that “on the part of the victim’s transfer of the price, it would transmit a blost PC.”

However, since the defendant did not possess the above tables PC, even if he receives the payment from the injured party, he did not have the intention or ability to send the above tables PC.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 120,000 from the victim to the post office account (C) in the name of the Defendant as the price, and acquired it. From around that time to August 19, 2015, the Defendant acquired the total of KRW 1,550,000 on 11 occasions as shown in the attached crime list 1.

2. No person who violates the Promotion of National Sports Act shall gambling by using an act of offering property or property benefits to a person who has correctly predicted the result of issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto to the Seoul Olympic Sports Promotion Foundation and an entrusted business entity;

Nevertheless, on May 1, 2015, the Defendant: (a) accessed the Internet sports soil site (D or D) by using a mobile phone used by the Defendant; (b) deposited KRW 19,000 in the new bank account (E) designated on the said website; and (c) performed gambling in a way of betting with respect to sports tickets, such as protrudings, and receiving dividends as a result of the betting; and (d) around that time, from around August 21, 2015 to around August 21, 2015, the Defendant 137 times in total, as shown in attached Table 2, and 18,713,000 won in total, and gambling in the said unlawful sports soil.

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