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The defendant is punished by a fine of KRW 500,00.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant did not have an intent or ability to pay online game items even if he/she received online game items from C by the victim C.
Nevertheless, on January 13, 2015, the Defendant: (a) reported that the victim sells an online game “On-the-counter (12 pact blood cells and Mbsluri Sluri Sluri Sluris)” item on the game item transaction site, and contacted the victim to purchase the said item at KRW 700,000; and (b) made a false representation that the victim would purchase the said item at KRW 700,000; and (c) he/she acquired the pecuniary benefit equivalent to the said item from the victim in a way that he/she did not pay the price.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement;
1. 증거자료(스크린샷)
1. Determination as to the defendant and his defense counsel's assertion on the terms and conditions of the London T&P game
1. The alleged defendant is the owner of a game item purchased by the victim, and the company is prohibited from the transaction of the item.
Therefore, the above game item is not an interest in property or property, and the defendant is not guilty.
2. Determination
A. The crime of fraud under Article 347 of the Criminal Act is established by deceiving another person, thereby acquiring property or pecuniary benefits, based on the defective intent arising therefrom. The essence of the crime of fraud is the acquisition of property or pecuniary benefits by deception, and thereby infringing on the other party’s property. Therefore, it does not require that the other party actually suffers property damage (see, e.g., Supreme Court Decision 2003Do4914, Dec. 26, 2003). It is not problematic whether the value of the received property or pecuniary benefits is much much much.
(See Supreme Court en banc Decision 2005Do7288 Decided April 19, 2007). B.
According to the above evidence, the game of this case is related to the service provided by the company under Article 14(4) of the game of this case.