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1. The defendant shall be punished by a fine of 700,000 won;
2. Where the above fine is not paid, 10,000 won shall be one day.
Reasons
Punishment of the crime
On February 20, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Daegu District Court's Ansan Branch on February 20, 2018, and the judgment became final and conclusive on February 28, 2018.
1. On June 30, 2013, the Defendant against the victim B made a false statement to the effect that “On the Internet C, the Defendant deposited money to the account informing the victim of the sale of the game items first,” with access to the Internet C.
However, even if the defendant receives money from the victim, he did not have an intention or ability to sell the game item.
The defendant received 90,00 won from the victim to the account of community credit cooperatives in the name of the defendant as the sales proceeds immediately.
2. On July 16, 2013, the Defendant against the victim D made a false statement to the effect that “The victim D shall first deposit money with an account informing the seller of the sale of the game items” by accessing the Internet C.
However, even if the defendant receives money from the victim, he did not have an intention or ability to sell the game item.
The defendant acquired 230,000 won from the victim to the account of community credit cooperatives in the name of the defendant as the sales proceeds immediately.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
2. Each statement in D and B;
3. Previous records of judgment: Results of case search which are bound in the protocol of trial, and application of Acts and subordinate statutes.
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.
5. Article 334 (1) of the Criminal Procedure Act.