Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 24, 2016, the Defendant sells items at the windy national game at the place of residence in Pyeongtaek-si on January 24, 2016

The notice was posted, and this article is intended to send an item to the victim C with money deposited.

“.....”

However, the facts did not have the intention or ability to send an item even if they receive money from the damaged person.

Nevertheless, the Defendant was transferred KRW 430,000 to the D bank account in the name of the Defendant by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

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

1. A written petition and materials to be submitted and replies;

1. According to the evidence submitted by the prosecutor to determine the issue of investigation report (attached to data submitted by the victim), the defendant did not send items despite having received remittance from the injured party, and made a false statement as if the defendant was another person in the game hosting room, and the defendant would immediately return money to the injured party in the above game hosting room.

The facts that the Defendant did not intend to receive money for the purpose of sale of an item in the past, and the Defendant had experience in not sending an item in his/her own mind after receiving money for the purpose of sale of an item, and thereafter, the Defendant did not receive the victim’s telephone, and the Defendant would return money to the victim after reporting to the police.

Contact facts can be recognized.

According to the above facts of recognition, the defendant sent items to the victim.

It is sufficiently recognized that money has been remitted by deceiving the victim without the intent of the victim.

at the time of remittance of money to the defendant,

As long as there was no intention to return the money received in the future, whether there was an intention to return the money to the victim does not affect the establishment of fraud.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.