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(영문) 부산지방법원 동부지원 2017.11.23 2017고단657
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant posted a letter stating that “The sales of game money” in the online game “CPC room” in the Southern-gu Busan Metropolitan Government “CPC room,” and then transfers money to the victim D who visited the Defendant.

However, even if the defendant received money, he did not have the intent or ability to pay the game money to the victim.

The Defendant: (a) deceiving the victim as above; (b) received KRW 41,000 on the same day from the victim to the Busan Bank account in the name of the Defendant; and (c) deceiving the victims on five occasions from the time until February 23, 2017 through the same method as the list of crimes in the attached list of crimes; and (d) received a total of KRW 318,600 from the victims and acquired the money by deceiving the victims.

The Defendant, on February 16, 2017, up to 22:00 on February 16, 2017, up to 22:00, posted a letter “sale of game money” on the bulletin board of the “the winding country” online game and sent money to E by the victim who reported and contacted with the foregoing.

A false statement was made.

However, even if the defendant received money, he did not have the intent or ability to pay the game money to the victim.

The defendant deceivings the victim as above and acquired 49,000 won on the same day from the victim to the new bank account in the name of the defendant under the name of the victim for the sales proceeds of game money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, and I;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service [the scope of recommendation] and the general fraud (the amount less than KRW 100 million).

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