Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On April 28, 2017, the Defendant: (a) contacted the victim’s writing “a person who will raise the level of a game character” at the community site of the said online game “Before the Joseon branch; (b) agreed to receive money from the injured party; (c) to raise the level of the game character of the injured party on behalf of the injured party; and (d) to manage the game character in the process of raising the level of the damaged party’s game character on behalf of the injured party; and (e) to manage the game character without the lack of an item of the account in the process, and received the ID and password of the said game.

Therefore, the defendant had a duty to raise the victim's game character level in the victim's account and to manage and preserve the game items in the account by simply providing the game substitute as above.

Nevertheless, in breach of such duty, the Defendant sold an inorganic item in the victim’s account to a person who, around 03:45 on April 30, 2017, sold the said game and uses the ID called “E” by accessing the said game, and transferred KRW 2.50,000 to the defendant’s title Nonghyup Bank account. On May 13:22, 2017, the Defendant sold an inorganic item to a person who uses the ID called “F” in the same manner at the same place and received money of KRW 40,00,000 from transfer on May 14:05, 2017 to a person who uses the ID “G”, and received money of KRW 3 million.

As a result, the Defendant violated the duty of managing and preserving the game items of the victim on behalf of the victim, thereby arbitrarily disposing of them, and acquired property benefits of KRW 3.65 million in total, and inflicted property damage equivalent to the same amount on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. Application of statutes to data submitted to victims;

1. Relevant Article 355 of the Criminal Act and Article 355(2) of the Criminal Act concerning criminal facts (a comprehensive determination of fines).