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(영문) 대구지방법원 포항지원 2018.04.18 2018고정81
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Daegu District Court Port Branch branch on November 30, 2017, and the judgment became final and conclusive on December 13, 2017.

1. On August 12, 2017, the Defendant: (a) connected the mobile game “B” account to “B”, a mobile game using mobile phones; (b) made a false statement to the victim D that “C sells 5,000 Dao Game items.”

However, since the defendant only intended to use the money remitted from the beginning as living expenses, there was no intention or ability to sell the money to the victim.

Nevertheless, the Defendant received 76,000 won from the injured party under the name of the Defendant for the purchase price at around 13:03 on the same day.

2. On September 1, 2017, the Defendant, using the mobile phone in F. 302 at the Gu, Si, U.S.A., to access “G” countries, the Internet site, by using the ID, and then purchase 8,000 Li M.

The phrase “I” was posted on September 2, 2017, and the victim H made a false statement that “I will pay KRW 220,000 on a face-to-face page 220,000 if the victim had access to the account of “I” in Liian M with the defect of contact by reporting the above writing around September 2, 201, and informing the victim of his account and password.”

However, the defendant did not intend to pay the above payment from the beginning.

Nevertheless, the Defendant had the victim enter the above account of the Defendant at around 12:10 on the same day and had the victim charge more than KRW 220,000 of the market price, but did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and H;

1. Report of investigation (verification of statements by a victim by telephone);

1. Account transactions;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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