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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On March 16, 2018, Defendant B conspireded with Defendant 2, 2018, and Co-Defendant B posted an article to sell game items in the Internet E Game server at the DPC room located in Seocheon-si, Busan on March 16, 2018, and made a false statement to the effect that “60,000 won would be deposited to the victim F.”
However, even if the Defendants received money from the injured party, they did not have the intent or ability to send the said game items.
The Defendants, as such, by deceiving the victim, received KRW 60,00 from H bank account (I) in the same day, and received KRW 430,000 from around that day to March 19, 2018 in total five times in the following manner: (a) as indicated in the list of crimes, the Defendants received a total of KRW 430,000 from the victims as the price for game items.
As a result, the Defendants conspired to induce victims to receive goods.
On March 16, 2018, F. F. 60,000 won Internet E Game server hold on March 16, 2018, a game item is sold.
The summary of the evidence of KRW 430,00,00 in total five times in total on March 18, 2018, J 104,000, 36 March 16, 2018, where L 55,000, L 55,000, 5300, and 5 times in total on March 19, 2018, when the damage amount under the pretext of the game item price was transferred from the damaged person to H bank account (I) in the name of G.
1. The respective legal statements of the defendant and the joint defendant B
1. Written statements of F, J, K, and M;
1. Live petition;
1. Application of Acts and subordinate statutes to the detailed statement of transfer, the detailed statement of the screen and the detailed statement of account transaction by each account after the closure of each transfer, and the detailed statement of transfer;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;