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(영문) 부산지방법원 2017.09.20 2017고단3902
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On November 26, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on November 26, 2015 and completed the execution of the sentence on May 6, 2016.

In addition, on May 19, 2017, the defendant was sentenced to imprisonment with prison labor for one year and eight months at the Busan District Court for fraud, and one year for the same crime at the same court on July 17, 2017 and filed an appeal, and is still pending in the court of appeal.

[Criminal facts]

1. On December 14, 2016, the Defendant sold the victim CU (22 3)’s money in a 550,000 won online game to the victim’s CU (22 3).

The phrase “ makes a false statement.”

However, in fact, the defendant did not have game money and did not have money to purchase the game money, so even if he received the money from the injured party, he did not have an intention or ability to transfer the game money.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to transfer KRW 550,00 to the Nonghyup Bank account (CW) in the name of CV; and (c) received 80,000 from the remittance CV games money.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On December 28, 2016, the Defendant sold cX (27 3) game money to 2.40,000 won to the victim CX (27 3).

The phrase “ makes a false statement.”

However, in fact, the defendant did not have game money and did not have money to purchase the game money, so even if he received the money from the injured party, he did not have an intention or ability to transfer the game money.

Defendant deceiving the victim as above, caused the victim to transfer 240,000 won to the Nonghyup Bank account (CW) in the name of CV, i.e., CV, and received the money from the remittance CV.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1.3 of the police statement regarding CV

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