A defendant shall be punished by imprisonment for one month.

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to ten months of imprisonment for habitual fraud at the Busan District Court on July 10, 2014, and completed the execution of the sentence on October 2, 2014.

1. On February 16, 2015, the Defendant: (a) connected the Plaintiff’s online game “Akkat” in the Geum-gu, Busan, F, the Defendant made a false statement to the Victim AF that “The Defendant would sell a 61,000 f1,00 f.,00 c., with the face value of KRW 490,00,000 for cultural products through a dialogue hold.”

However, the defendant did not own the above game money, and even if he received cultural products from the victim, he did not have the intention or ability to send the above game money.

Nevertheless, the Defendant, by deceiving the victim as above, received and used the 4.90,000 won of the total number of fin numbers from the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. On March 2, 2015, the victim AG Defendant connected the online game “Aki” room to the victim AG by means of a conversation, and falsely concluding to the effect that “in the event that the victim sent a considerable amount of one million won to the victim AG through a conversation, the Defendant would sell the game items.”

However, the defendant did not possess the above game items, and even if he/she is slicked by the victim, he/she did not have an intention or ability to send the above game items.

Nevertheless, the Defendant, as above, by deceiving the victim and using the victim’s total number of 100,000 won, acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A petition, a written statement and a statement (No. 12 No. 12);

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;