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(영문) 인천지방법원 부천지원 2017.02.07 2017고단78
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On September 24, 2016, the Defendant is engaged in pop-up accounts of all “Hungary” on the Internet’s website at a Hungary location on September 24, 2016.

After posting the word “A”, the victim CK, who reported and contacted the writing, concluded that “If 109,500 won is remitted to the bank account (W) in the name of the Republic of Korea, 5 million won will be sent to 5,000 Gad Game money and all Mab Account possessing at least 50 items.”

However, as the defendant already sold the above character and the item to another person, even if he received money from the injured party, he did not have the intention or ability to transfer the character and the account owned by the item.

The Defendant received 109,500 won from the damaged party to the bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 18, 2016, the defrauded Defendant sopop-up accounts with all “Hungary Pop-up accounts on the Internet’s website at a Hungary-Hungary location on October 18, 2016.

After posting a letter, “A shall send a Maable Account when remitting KRW 200,000 to the bank account (BL) in its name” to a victim who reported and contacted the letter.

However, even if the defendant receives money from the injured party, he did not have any intention or ability to transfer all Mable Account.

The Defendant received 20,000 won from the damaged party to the bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to CK by the police;

1. A petition of the CL;

1. A deposit certificate and a statement of transactions;

1. Application of the Kakao Stockholm Acts and subordinate statutes to caps;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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