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(영문) 의정부지방법원 고양지원 2020.02.13 2019고정1044
사기
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 25, 2019, at around 22:29, the Defendant made a false statement to the effect that, among the Defendant’s house located in Nam-gu Incheon, B apartment, and C, the Defendant would sell the said item if the Defendant sent the game money, by contact with the victim D, who posted an article 57 that “the crost-down letter” in the flag or server from among the crost-ray “rost-type” games.

However, in fact, the Defendant did not have only one item, and was thought to send the item to the victim by pretending that it is the above item, so even if he received the game money from the victim, the Defendant did not have the intent or ability to send the item to the victim by sending it to the victim.

The Defendant immediately acquired the victim’s game money 12,50 frame by inserting an article on the system postal payment claim, namely, [price claim] Schlage x 57], in which the Defendant occupied the victim’s “clort” item on the same day.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the above game money.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant’s game money acquired by deception does not constitute a property interest in fraud. However, considerable efforts are deemed necessary to acquire game money in the “rosta” game, and even according to the victim’s statement, the said game money has a value of KRW 8-90,000 in cash. Thus, the financial interest is deemed to have property interest.

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