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(영문) 대전지방법원 서산지원 2016.05.31 2016고단243
사기
Text

1. The punishment of the accused shall be three months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. From March 22, 2015 to September 15, 2015, the Defendant visited the Kakakakao Kakao Stockholm Stockholm by using his/her cell phone at the place of fire around March 22, 2015, and written a statement stating that “If the Defendant sent KRW 80,000 to the No. Nonghyup (B) account, he/she would send the game item, he/she would send the game item to the victim C.

However, even if the defendant received the transfer of the sales amount of an item from the above victim, he did not have the intention or ability to sell the game item.

Nevertheless, the Defendant, as seen above, received KRW 80,00 from the victim and received KRW 80,00 from the victim to the said Nonghyup account, and received KRW 542,00 in total from the victims as indicated in the attached crime list from September 15, 2015.

2. On October 1, 2015, the Defendant made a false statement that online game “I would like to bring 50,000 won to the victim D while doing so in the above game hosting room” at a fluorous place on October 1, 2015.

However, even if the defendant received 50,000 won from the above victim, he did not intend to jointly do so with the victim.

The defendant deceivings the victim as above and acquired 50,000 won from the victim to his Agricultural Cooperative Account (B) on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of C, F, G, H, I, and D;

1. Application of each written statement of transfer Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions unfavorable to the same criminal punishment shall not have any record of criminal punishment exceeding the fines.

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