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(영문) 부산지방법원 2017.11.13 2016고단5913

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 31, 2015, the Defendant, around 21:29, posted the Victim B (F, 29 years of age) around 21:29, reported that all of the accounts of "Makao" on the website of the item was sold, and contacted the victim with Kakao Stockholm.

The defendant would purchase the relevant account with no intent or ability to pay the price to the relevant account by the victim.

It led the victim to withdraw from the Kako Account (C) which is necessary for the access of all ‘Makao'.

At that time, the Defendant had access to the Netro site and opened the same Netro (C) account as the Netro site that the damaged party withdrawn, and then had access to the Kakao Stockholm through the above Netro Stockholm account and acquired all the 'Magao' account through this.

Summary of Evidence

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police against B;

1. Search and seizure warrant replies;

1. Application of Acts and subordinate statutes to investigation reports (referring to the statements made by persons related to the Kakao Stockholm and all Bable persons);

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

2. Selection of a sentence of alternative imprisonment (the crime of this case was committed during the period of suspended sentence for the same crime, the record of punishment for the same crime has been served twice as a result of the same crime, and the escape has been committed while the trial is in progress);