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(영문) 광주지방법원 2018.11.15 2018고단1983

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2018 Highest 1983] On January 8, 2018, the Defendant connected to “B” of a computer game at an unspecified place, and even if receiving the said game money, the Defendant did not have the intent or ability to pay the said money. As such, the Defendant would have to deposit KRW 68,680 with the said money if the Defendant sent the game money to the victim C who became aware of through the said game “(1.1 billion won).”

‘Falsely speaking, I received 1.1 billion won lawsuit from the injured party on the same day on the game money equivalent to 68,680 won at the market price.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

[2018 Highest 3851] On August 21, 2018, the Defendant did not intend or have the ability to sell the goods at the Defendant’s bar located in Gwangju Nam-gu, Gwangju, even if having received money, and then connected the Defendant’s mobile phone application to “E” by using the Defendant’s mobile phone application, and puts a letter to sell Aphone X on the bulletin board, and send Aphone X mobile phone to the victim F who reported the above writing “69,000 won upon deposit of KRW 69,00.”

“Along on the same day from the victim, the victim was paid KRW 699,000 to the G association account (H) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2018 Highest 1983]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Efaf photographs, such as a camera and a game screen (2018 upper end 3851);

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to verify the transaction of gold pumps;

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

1. It is a favorable circumstance that the Defendant and the victims who agreed to punish the Defendant do not want to do so. The reason behind sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 38(1)2, and Article 50 of

However, the defendant committed a similar criminal act in five times in 2017.