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(영문) 서울북부지방법원 2019.10.02 2019고단3474
사기
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On February 12, 2019, the Defendant posted a letter “G Settlement......” on the Internet Twrap in Songpa-gu Seoul SB, Songpa-gu, stating that “The Defendant would deposit KRW 400,000 in cash when purchasing an item with the cell phone small amount settlement by accessing this account to the victim BL who reported and contacted it.”

However, the Defendant had the intention to sell items only purchased without sending money from the beginning to the victim.

Around 23:19 on the same day, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to the same amount by allowing the victim to settle game items in total amount of KRW 495,000 from the Defendant G account.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of the BL;

1. Application of the Messenger content and game screen output statute

1. The reasons for sentencing under Article 347(1) of the relevant Act on the Punishment of Criminal Crimes [Scope of Recommendation] General Fraud [Determination of Punishment] / [Determination of Punishment ] The basic area (6 months to 100 million won) basic area (6 months and 6 months) of the Criminal Code / [Determination of Punishment ] the defendant has several criminal records at several times, and the defendant is currently detained and the appellate court is proceeding after being sentenced as the case related to the crime of this case, the defendant shall be sentenced to the punishment. However, considering the fact that the defendant is divided and the amount of damage caused by the crime of this case is not large, the defendant shall be sentenced to a punishment who deserts the lower limit of the recommended punishment.

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