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(영문) 인천지방법원 2019.05.31 2018고단7689

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 7689] On May 21, 2018, the Defendant had access to DPCs located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to the Internet site: (a) reported the purchase of game money by the victim G; and (b) made a false statement as if the Defendant sent money to the victim by contact with the victim.

However, in fact, the defendant only had the intent to use the game money for living expenses, entertainment expenses, etc. with money from the victim, and did not have the intent or ability to sell the game money to the victim.

As above, the Defendant, by deceiving the victim, received KRW 144,00 from the victim to the H bank account (I) opened in the name of A as the sale proceeds on May 21, 2018, and acquired the money by deceiving the victim. From around that time to July 18, 13, 2018, the Defendant acquired KRW 11,656,80 from the 75 victim in the same manner as in the list of crimes in the attached Table from around July 13, 2018.

[2018 Highest 9252] On July 8, 2018, the Defendant posted a letter “DPC bank” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on the following grounds: (a) the Defendant, despite having no intent or ability to sell the game money, posted it on the Internet J-Gameing shop to the effect that “the sale of the game money” is “the transfer of the game money if the money is deposited” to the victim K who visited the Defendant, and (b) was remitted from the victim to the Lbank account in the name of the Defendant around 14:41 on the same day.

Summary of Evidence

1. The defendant's legal statement [2018 Highest 7689];

1. Written statements;

1. A deposit certificate, N dialogue, a copy, a deposit certificate, a written statement, etc. (69), a copy, a deposit certificate, a written statement, etc. (5 persons);

1. He bank reply [2018 Highest 9252];

1. The K's statement;

1. Application of Acts and subordinate statutes of remittance receipt;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the Criminal Act;