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(영문) 의정부지방법원 2018.02.22 2018고정56
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 25, 2016, at the defendant's house located in 23:40 on November 25, 2016, the defendant connected to "www. Mammania.com" (www.m.com) Internet game 'Internet' game money 300 million won.

B. A notice stating that “The sales will be made” will send money to the victim C who reported and contacted this will send money to the victim C.

However, the defendant did not possess the above game money that can be normally traded and even if he received money from the injured party, he did not have the intention or ability to return the game money.

As above, the Defendant, by deceiving the victim as above, received 1,530,000 won under the name of sales proceeds of game money in light of 23:46 on the same day from the victim and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. The petition, written statement, internal investigation report (the telephone conversation of a game machine seller A and a petitioner) of preparation C, search and inspection warrant and reply;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the fact that the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the fact that the Defendant would have repaid the amount of damage to the victim, etc. are recognized as favorable to the Defendant.

However, the crime of this case where the defendant, as if he sold the game items to the victim, acquired 1.53 million won from the victim by deceiving the victim as if he sold the game items, is not less than that of the crime in light of the content and method of the crime, there is a record of punishment for the same kind of crime, the balance of general punishment in the same and similar cases, and the age, sex behavior, intelligence and environment of the defendant as shown in the argument of this case, and the crime of this case.

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