A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On August 15, 2019, around 12:55, the Defendant, using the Defendant’s mobile phone, told the victim AH to the effect that “bet AM is inserted” in the Kakakao Amera open hosting room using the Defendant’s mobile phone, and falsely stated that “When deposit KRW 80,000 in the Z’s bank account (DD) in the name of the Z, 10 billion AM will be ordered.”

However, in fact, the Defendant did not have the above game money at the time, and had the victim transfer the purchase price of the game money to the account of the Z, and there was no intention or ability to send the game money to the victim because he was planning to "third party fraud by acquiring the game money from the Z".

The Defendant, by deceiving the victim as such, had the victim remit 80,000 won to the account of the Z, and received game money from the Z and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the Z;

1. AH’s petition and written statement;

1. Application of Acts and subordinate statutes on transfer certificates and Kakao Stockholm dialogue details;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;