Text
Defendants shall be punished by imprisonment for four months.
Provided, That with respect to the defendantN, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. 피고인 A의 단독범행 피고인은 2013. 11. 30.경 평택시에 있는 '서브존 PC방'에서, 사실은 다른 사람으로부터 돈을 받더라도 게임 아이템을 제공할 의사나 능력이 없음에도 불구하고, '넥슨 크레이지 아케이드' 게임 사이트에 접속하여 '게임 아이템을 판매한다'라는 글을 게시하고, 이를 보고 연락한 피해자 AP에게 '돈을 입금하면 아이템을 보내주겠다'는 취지로 거짓말하여 이에 속은 피해자로부터 같은 날 A 명의의 농협 계좌로 40,000원을 송금받았다.
2. The Defendants, on November 24, 2013, posted a false statement that they would send goods if they deposit money to the victim Q Q who reported and contacted, by accessing the Internet NAV website to the Internet NAV website, and selling goods on the bulletin board.
However, the Defendants did not have the test cap, hearing boom, and crowdfundinger, and even if they received money from the victims, they did not have any intent or ability to pay goods.
In collusion, the Defendants: (a) received 30,000 won from the victim Q to the agricultural bank account in the name of Defendant A on the same day from the victim Q; and (b) received a total of 842,000 won from the time to December 1, 2013, including the transfer of KRW 30,000 from the victim Q to the agricultural bank account in the name of Defendant A; and (c) received a total of 842
Summary of Evidence
1. Defendants’ legal statement
1. Application of each of the relevant Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act (Provided, That in the case of Defendant A, excluding Article 30 of the Criminal Act in the case of fraud against Victim AP), and choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;
1. Suspension of execution (DefendantN) Article 62 of the Criminal Act;