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(영문) 광주지방법원 목포지원 2015.07.16 2015고단287
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2014, the Defendant made a false statement to the Victim C, stating, “When investing KRW 25 million, the Defendant produced cyber money by fostering game character on the top of the computer online game unit, by preparing cash through the game items transaction site, and by allowing dividends to KRW 1,00,000 to KRW 1,50,000 per month.”

However, in fact, from around 2012 to January 2014, the Defendant was at the end of the pertinent game item transaction business, and there was no ability to pay the said dividend through the game item transaction business. Even if the Defendant received the said money from the victim, there was no intent to pay the dividend through the game item transaction business.

Nevertheless, on August 18, 2014, the Defendant, by deceiving the victim as above, received 25 million won from the victim to the Defendant’s new cooperation account (D) and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigative reports (report on details of financial transactions submitted by a suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing is that Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Application for Compensation (the applicant for compensation filed a lawsuit against the Defendant on January 8, 2015 against the Gwangju District Court Decision 2015Kadan5079, and the judgment ordering the payment of the amount of compensation on May 5, 2015 becomes final and conclusive and conclusive and the applicant for compensation has already had executive title).

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. The defendant's decision of sentence or suspended sentence is recognized and contradictory to his own mistake, and the victim after the prosecution of this case is instituted.

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