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(영문) 창원지방법원 진주지원 2018.02.09 2017고단1105
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On September 10, 2017, the Defendant, at around 23:00, connected the Defendant’s house located in Jinnam-si, with the “the wind country” server of online game “the wind country” using a computer, and posted a notice to purchase the game machine to the victim C.

“Falsely speaking to the purport that “A” is false, the victim C, by creating a ID identical to the use in the pertinent “dial” server, connected to the “free server of the same game,” and then, the victim D, who written a letter that he/she sold the game machine, accessed the victim D as if he/she were the victim C, and purchased the game machine.

“The purpose of “ was to make a false statement.”

As above, the Defendant: (a) deceiving the victims; (b) had the victims C pay KRW 250,000 to the victims D from the game money transaction site, “A item,” and (c) received money of KRW 370,000,000 from the victim D’s “Fri” server to receive money of KRW 250,000,000 from the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions of game money;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on membership information;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On July 18, 2017, the Defendant was sentenced to the punishment of Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order, not only six months of imprisonment with prison labor for a crime of fraud, but also five times of a fine for a crime of fraud, from the main branch of the Changwon District Court, Jinwon District Court on July 18, 20

The Defendant again committed the instant crime during the period of probation.

However, it shall be considered in favor of the fact that the amount of damage is relatively large, and the amount of damage is paid to the victim and the damage is recovered.

In addition, the defendant's age, sex, environment, circumstances of this case, means and results, etc. shall be considered in consideration of all the sentencing conditions as shown in the argument of this case, such as the circumstances after the crime.

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