A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[criminal records] On September 20, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the District Court of Jungcheon prison on April 14, 2018 and completed the execution of the sentence.

[2] On May 6, 2018, the Defendant sent a game money to the victim BH who was aware of the fact through online game AR at the mutual US PC located in the near and north of Kimpo-si, Kimpo-si on May 6, 2018.

“The phrase “ was false.”

However, there was no intention or ability to send money to the victim even if the defendant received money from the victim because the defendant did not possess the game money to be sent to the victim.

Nevertheless, the Defendant received 52,00,000 won from the injured party to BI account (BJ) in the name of the Defendant on the same day, and 60,000 won from the post office account (BK) in the same name, and acquired 112,000 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of BH;

1. Evidential materials, such as evidence for remittance confirmation;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

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

1. The punishment shall be determined by comprehensively taking account of the following: (a) the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes; (b) the Defendant was led to his confession; and (c) the trial of the same kind of crime is pending in the appellate court (Seoul District Court Decision 2018No. 2386); (d) the amount of defraudation; and (e) the Defendant’s age, occupation, sex, sex, family relationship, living environment; (e) circumstances leading to the crime; and