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(영문) 수원지방법원 안산지원 2018.07.11 2018고단643

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2017, the Defendant connects the Internet portal site “D” car page of the Internet portal site, and seeks a house-to-house Capital, regardless of whether it is or not,” posted by the victim E.

I report the purchase to the effect that “ 14,000 won is deposited to the victim, and I wish to give 2 full scores from the victim, either on the face of the deposit.

The contact called “,” and made a false statement as if he/she were to sell a house-to-house Capital.

However, at the time, the defendant did not intend to sell the game capital to the victim even if he/she received the monetary purchase from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 14,00 from the victim as the purchase price for the game capital on the same day from the victim; (c) the Defendant’s mother received KRW 14,00 from the Nong Bank account in F’s name; and (d) received the total amount of KRW 9,000 from the victims five times in total from around that time to January 3, 2018, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, H, I, J, and K;

1. Application of statutes on the details of transactions in each account and the details of conversations in games;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of the protection observation and community service order Article 62-2 of the Criminal Act (the defendant's age, the defendant's previous convictions of the same species of law twice in 2017 and repeats the same crime even though they were fineds, the victims have not been agreed with, and the amount of damage, etc.).