Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 4, 2014, at around 16:00, the Defendant posted a false statement that “to foster the character of an online game on the face of money” by accessing the Internet game site unit unit at an influorial location, and reported it to the victim B who contacted the victim B, who read “to raise the game character level from 30 to 50 if deposit KRW 35,000.”
However, the defendant did not intend to raise the level of game character (game ability).
The Defendant received 35,000 won from the victim’s account in the name of the Defendant from the same day, from that time, to February 17, 2015, the Defendant received a total of 256,000 won from the date of transfer to the said corporate bank account, as shown in the list of crimes in the attached Table, from February 17, 2015.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Each police statement made to D or E;
1. Each statement of F, G, H, I, J, K, L, B, M, and N;
1. Each screen screen, receipt of deposits, each statement of transfer, each screen, notification of data on the current status of financial transactions, statement of account classification, books posted on computers and hosting screen pictures, comments posted on computers, inquiries about the details of transactions, and account transactions;
1. Application of Acts and subordinate statutes to CCTV photographs;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the victim has repeatedly committed the same offense in small amounts or several times; (b) the damage has not been repaid; (c) the defendant has not agreed with the victim; and (d) the defendant has not agreed with the victim; and (e) other conditions of sentencing as indicated in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim; and (e) the circumstances after the crime.