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(영문) 인천지방법원 2021.02.25 2020고정2188
사기
Text

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

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

Reasons

Punishment of the crime

On April 16, 2020, the Defendant connected online game B and posted a letter of “sale of game money” on the bulletin board at the same place. On the other hand, the Defendant sent money to the victim C who reported and contacted the above letter of intent to send the game money to the victim C.

However, in fact, the defendant only thought that he received money from the injured party to use it for personal debt repayment, and did not have the intent or ability to send the game money corresponding to the above money.

The defendant deceivings the victim as above and was transferred KRW 57,00 to the Kakao Bank Account (D) under the name of the defendant from the victim as the sales proceeds of game money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a statement of accusation and statement of deposit verification;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 20 million won;

2. The sentencing criteria shall not apply since the range of punishment subject to recommendation according to the sentencing criteria has been selected;

3. The crime of this case, where the defendant did not have the intention or ability to sell the game machine, by deceiving 57,00 won from the damaged person on the Internet even though he did not have the intent or ability to sell the game machine, the crime of this case is deemed to be disadvantageous to the defendant, such as the fact that the criminal liability is heavy in light of the contents of the crime, and that the defendant has not yet recovered the damage to the victim

However, the defendant's confession of the crime of this case reflects the defendant's mistake, the amount of damage to the crime of this case is not very significant, there is no record of crime exceeding the same kind of power and fine, the fact that the defendant has yet to run it, and other character, character, environment, motive, means and consequence of the crime, after the crime.

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