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(영문) 인천지방법원 부천지원 2016.04.26 2016고단309

사기

Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

On January 14, 2016, the defendant was sentenced to six months of imprisonment for fraud in the Busan District Court Branch Branch of the same year.

3.28. The above judgment became final and conclusive.

1. On October 8, 2015, the Defendant posted a letter to the effect that he/she would sell “alley”, a game machine, on the Internet NAV car page, and made a false statement to the victim B who visited him/her, stating that he/she would sell “alley,” a game machine.

However, even if the defendant received money from the injured party, he did not have the intention or ability to sell the game money.

The Defendant, by deceiving the victim as such, received KRW 141,00 from the victim to the corporate bank account in the name of the defendant as the sales proceeds of game money on the same day.

2. On November 22, 2015, the Defendant posted a false statement to the effect that “The Defendant would sell game money if he first remitted the money to the game money” using a mobile phone text message to the victim C, who had connected the Internet game transaction site using a computer at the time room in the Orcheon-gu, Orcheon-gu, Ori-si, Ori-si, and the Defendant’s act of committing a crime.

However, the defendant did not own game money at the time, and there was no intention or ability to sell it.

As such, the Defendant, by deceiving the victim, received 157,00 won from the victim for the purpose of paying for the game money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement C and B (Attachment 2, 2016, group 318, group 3, group 318, group 3);

1. A detailed statement of transfer (Attachment 309 of order 2016, group 309), deposit receipt (Attachment 2 of order 318 of order 2016);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment 14 of Table 2016, group 318, group 318), and other Acts and subordinate statutes;

1. Article 347(1) and (2) of the Criminal Act, respectively, shall apply to the applicable law as to the facts of crime and the choice of punishment;