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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 25, 2019, the Defendant, at around 14:13, 2019, connected to the online game “C” at the Defendant’s residence in Michuhol-gu Incheon, Michuhol-gu, Incheon, stating that “The Defendant would send money to the victim D who reported and contacted the above writing.”
However, even if the defendant receives money, he did not have the intention or ability to send the game money to the victim.
As above, the Defendant: (a) by deceiving the victim as above, received KRW 222,00 from the victim to the account (F) in the name of the Defendant’s E account under the name of the victim; and (b) received the total amount of KRW 1,942,50 from November 22, 2019 to November 27, 2019, including the transfer of KRW 1,942,50 from the total nine victims, as indicated in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to each E-mail report (netly 52) on all written complaints, etc.;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;