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(영문) 의정부지방법원 고양지원 2017.10.26 2017고정971
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 9, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Jung-gu District Court Goyang Branch, and the judgment became final and conclusive on the 17th of the same month, and on February 9, 2017, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Jung-gu District Court on the 17th of the same month.

On May 24, 2016, the Defendant written a notice to sell online game ‘C' account from ‘B' which is a community of smartphone games.

However, the Defendant, from the beginning, had no intention or ability to sell the game account that was promised to purchase to the victim D, and had the Defendant used the F's account selling mobile game items in ‘E' in ‘B' to acquire money without revealing his identity.

As a result, the Defendant, who was aware of the account number from F, received from the injured party about May 27, 2016 the remittance of KRW 180,000 from F to F bank account (Account Number: G) in the name of a gold sale around 11:54 on May 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. An inquiry about transaction details and a statement of financial transactions;

1. Before judgment: Application of the defendant's legal statement and text of judgment (at the highest court, 2016 highest court, 2798, etc.);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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;

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