beta
(영문) 부산지방법원 2019.07.26 2019고단2263

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and completed the execution of the sentence at the port prison on February 12, 2016. On June 28, 2019, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, etc. and the judgment became final and conclusive on July 6, 2019.

The Defendant and B conspired to sell London T&P game money, and to acquire the money by remittance.

1. On June 22, 2018, the Defendant and B made a false statement that “I would sell 154,000 won to the victim D’s money in the face of remittance of KRW 154,000.”

However, the defendant and B did not have the above game money, and even if they received money from the victim, they did not have the intention or ability to sell it.

The Defendant and B had by deceiving the victim as such, received KRW 154,00 from the victim to the Agricultural Cooperative (E) account in the same day.

2. On June 25, 2018, the Defendant and B made a false statement to the effect that “I purchase game money” posted by the Victim F at F at the French site on June 25, 2018, and that I would sell the game money 200 million won if I remitted KRW 146,000 to the victim.”

However, the defendant and B did not have the above game money, and even if they received money from the victim, they did not have the intention or ability to sell it.

The Defendant and B had by deceiving the victim as such, received KRW 146,00 from the victim to the Agricultural Cooperative (E) account in the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. A certificate of deposit, the details of dialogue, the details of dialogue, a written confirmation of transfer transactions, etc.;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Aggravation for repeated crimes;