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(영문) 창원지방법원 2020.12.11 2020고단3530
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2020, the Defendant: (a) connected the Internet site “D” in the Defendant’s residence located at Changwon-si’s website B, posted a notice on the sales of the mobile game “E” account; and (b) fraudulently referred the victim F, who contacted with the Defendant, sold the game account “350,000 won if he remitted KRW 350,00.”

However, even if the defendant receives money from the victim, he did not have the intent or ability to give the game account to the victim.

On the same day, the Defendant, including by deceiving the victim as such, received KRW 350,00 from the victim’s G account in the name of the Defendant from the same day to June 20, 2020, by deceiving seven victims in the same manner as the annexed crime list, and received KRW 4,260,000 from the victims as the price for the sale of goods.

Accordingly, the defendant was informed of the victims and received property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written statement;

1. Application of Acts and subordinate statutes to evidential materials, such as a certificate of transfer, a certificate of deposit, and a statement of transfer;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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