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(영문) 제주지방법원 2021.02.15 2020고단1142

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 22, 2020, the defendant was sentenced to four months of imprisonment and one year of suspended execution in the Jeju District Court for fraud, etc., and the judgment became final and conclusive on October 30, 2020.

1. On October 17, 2019, the Defendant, on October 17, 2019, posted a letter stating that “G accounts are sold” online games by accessing the Internet “E” website F even though he/she did not intend or have an ability to sell the game account even if he/she received money from the victim D, at around 17, 2019, the Defendant would inform the reported victim of the account and password if he/she sent money.

“Ch.” The equipment received KRW 30,000 from the injured party to the H bank account (I) in the name of the accused and acquired by defrauded.

2. On December 2, 2019, the Defendant: (a) sent a letter to the victim J on the Internet “K” website using the Defendant’s mobile phone despite the Defendant’s absence of the intent or capacity to reduce the game items; (b) posted a letter to the victim J who visited the victim J, stating that “IK-47 gene sports is sold” (a item used for the online game “k-47 mobile phone”); and (c) received 30,000 won from the victim J who visited the victim J, who received money from the victim J, from the victim J. who received 30,00 won from the victim’s bank account as indicated in paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each authenticity and written statement of D and J preparation, each statement of conversation, each statement of internal history (Attachment to documents submitted by a victim), photograph of a criminal suspect’s capture on E, and previous records of a reply to inquiry, such as criminal history, investigation report (the confirmation of facts and details of damage reimbursement during the trial), and application of statutes significantly to this court;

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.