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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 10, 2017, the Defendant posted a notice to sell game money without intent or ability to provide game money even if he/she received the price from the injured party, and received 350,000 won from the Defendant’s Saemaul Treasury (E) account in the name of the Defendant from the victim D (27 3) who believed such notice, and received 350,000 won from that time.
9. From 16.0 to 16.00, each of them received a total of KRW 5,885,000 in remittances over 11 times, such as the list of offenses in the attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. Each petition, complaint, and written statement of D, F, G, H, I, J, K, L, M, N, andO;
1. Application of the Acts and subordinate statutes governing the statement of transactions with automatic payment deadline, inquiry of the results of transfer, inquiry of the results of transfer, inquiry of each case of the results of transfer, personal financial transaction, inquiry of the results of transfer to our bank, receipts, verifications, K Bank's replies, transfer receipts and text messages, case bank transaction details, remittance receipts, and response to the request for provision of financial transaction information;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the reason for sentencing is that the Defendant had been punished several times for the same type of fraud, and if so, the Defendant committed the instant crime; that there are many victims; and that there is no agreement with the victims, etc., the liability for the instant crime is not easy.
However, considering the fact that the defendant reflects the crime and the fact that there is no record of the crime exceeding the fine, etc., the punishment as ordered shall be determined in consideration of the total amount of the fraud, the age of the defendant, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc., and all of the sentencing factors specified in the argument of this case, such as the circumstances after the crime, etc.