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(영문) 광주지방법원 순천지원 2020.04.23 2019고단1681
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2019, the Defendant posted a letter to the effect that “On-line Game E,” “Sales of 10 items,” from the PC room located in leisure time,” and demanded 73,000 won as an item to the victim G who reported it.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell game items, and did not think that the defendant prepared entertainment expenses and living expenses.

The Defendant received 73,00 won from the Hbank account (Account Number I) in the name of the Defendant from the victim on the same day, and acquired the total amount of KRW 1,465,100 from around the same day to May 25, 2019 by deceiving 15 victims of each game item, cultural product right, etc., such as the list of crimes in the attached list of crimes.

On March 30, 2019, the Defendant sent a mobile cultural product of 40,000 won in mobile goods to the victim L by accessing the Internet JK at the PC located in the south of the city around March 30, 2019.

However, even if the defendant received mobile cultural products from the victim, he did not have the intent or ability to send a game account.

Nevertheless, the Defendant deceivings the victim as above and obtained a mobile cultural product right of 40,000 won from the victim on the same day.

Summary of Evidence

"2019 Highest 1681"

1. Defendant's legal statement;

1. Each written statement of G, M, N,O, P, Q, R, S, T, U, V, W, X, B, andY;

1. The certificate of transfers, the details of accounts, and the contents of the Kakao Stockholm dialogue “2020 Highest 201”;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning L;

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

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

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