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(영문) 광주지방법원 순천지원 2019.02.11 2018고정462

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 17, 2019, the Defendant was sentenced to one year and three months of imprisonment for fraud at the Gwangju District Court, and three years of suspended execution. The above judgment became final and conclusive on January 25, 2019.

On May 24, 2018, the Defendant posted “D” online game “D” at CPC room, which reads that “The Defendant sent KRW 188,000 won in cash to the victim E who contacted the online game.”

However, the defendant did not have the intent or ability to sell the above game money.

Nevertheless, at around 00:40 on May 24, 2018, the Defendant received 188,000 won from the victim to the F account (G) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by E (including attached documents);

1. Previous convictions in judgment: Report of investigation (verification of sentence while a suspect's trial is pending), Gwangju District Court Decision 2018No3276 Decideds filed in the records of public trial, application of Acts and subordinate statutes as a result of case search;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the punishment shall be exempted in consideration of the fact that an agreement is made with the victim, and that even if a judgment is pronounced concurrently with the crime for which suspension of execution becomes final and conclusive, more severe punishment than imprisonment already finalized is not imposed);