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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 16, 2019, the Defendant was sentenced to a suspended sentence of two years in August of imprisonment due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Busan District Court, and the said judgment was finalized on December 24, 2019.
The defendant and the victim B are spaced through mobile phone hosting apps.
On October 6, 2019, around 01:52, the Defendant stated that “the Defendant would pay money with slphones to the victim” in the Busan East-gu C hotel D, Busan, the Defendant: (a) held that the Defendant would pay money with slphones. Before that, because it is necessary to verify identification, the Defendant installed e-mail with a cell phone and purchased items equivalent to KRW 110,000,000,000,000.”
However, in fact, the defendant only thought to purchase game items using the cell phone of the victim, and after confirming the identity of the victim, he did not have the intention or ability to damage the victim's sponsor.
The Defendant, at the end of the above Defendant, connected the victim to the account of the person who was not killed in name, and caused the victim to purchase the game items equivalent to KRW 110,00,00, thereby allowing the person who was unaware of name to obtain pecuniary profits equivalent to the above amount.
Summary of Evidence
1. Statement by the defendant in this court;
1. Statement of the police suspect examination protocol against the accused;
1. Statement in the police statement concerning B;
1. Before judgment: References to criminal records, investigation reports (Attachment of a written judgment), and application of Acts and subordinate statutes recorded as a result of case search;
1. Article 347 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Considering the circumstances such as the confession of a criminal defendant and the violation of Article 334(1) of the Criminal Procedure Act, the defrauded amount is only KRW 110,00,00,000, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, the defendant shall be deemed to have committed a crime.