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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, around August 1, 2016, posted a letter “I sell a PP Account” on the “E” website at an unspecified place, which is an Internet game site, and if the Defendant deposits KRW 502,00 to the Victim AH who reported and contacted this letter, he/she will transfer the account.
The term "assumed" was referred to.
However, even if the defendant received money from the victim, he did not have the intention or ability to transfer the account.
The Defendant received KRW 502,00 from a victim’s account in the name of the Defendant and received KRW 5,509,700 in total over 28 times from September 26, 2016, as shown in the attached Table of Crimes from September 26, 2016.
On September 28, 2016, the Defendant posted a false statement that “The 2016 Highest 5300, the Defendant would transfer the game money if deposit KRW 210,000,00 is made to the victim AJ, who had reported and contacted, at the Cheongju-si (hereinafter referred to as Cheongju-si), and on the JKapet bulletin board.”
However, the defendant did not have intention or ability to sell game money to the victim.
As above, the Defendant, by deceiving the victim, received 2.10,00 won from the victim’s bank account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to AK by the police;
1. Application of the respective Acts and subordinate statutes to a statement of AH, AL, AM, N, AO, Q, AP, AS, AS, AU, AV, AX, AY, AZ, BA, BB, BD, BE, BF, BH, BH, BJ, BJ, BK and BL;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommendations] is the aggravated area (one to two years and six months) of category 1 (the amount less than 100 million won) of the Criminal Act (one to two years and six months) (a person under a special relationship] of unspecified or large number of victims, or committing a crime repeatedly during a considerable period (the decision of sentence].