beta
(영문) 서울남부지방법원 2018.10.04 2018고단2898

사기

Text

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

The defendant shall pay to B 400,000 won and 250,000 won, respectively.

Reasons

Punishment of the crime

around April 11, 2018, the Defendant: (a) sent money to the victim G by reporting on the sales of gift certificates posted by the Defendant on the “F” website at the Seoul Special Metropolitan City Gwanak-gu D building and the Defendant’s office at the Defendant’s office; (b) around April 11, 2018, the Defendant sold KRW 100,000 to KRW 2.30,000,000, KRW 100,000,000,000 to KRW 80,000,000.

The phrase “States” was false.

However, in fact, the Defendant was planning to use the money received from the injured party as living expenses, etc. in the absence of the pertinent gift certificates, and there was no intention or ability to sell the gift certificates even if he/she receives money from the injured party as the sales proceeds of the gift certificates.

As such, the Defendant, by deceiving the victim, was transferred KRW 310,00 to the J account under the name of the Defendant on the same day from the victim.

In addition, the Defendant, from around that time to May 17, 2018, by deceiving five victims on a total of five occasions, as indicated in the list of crimes in attached Table 1, and was remitted from the victims totaling KRW 1,065,00 as sales proceeds.

On December 12, 2017, the Defendant reported to the victim M who contacted the Defendant a letter on the sale of “L harassment trading” posted by the Defendant to K Kack on a non-place on December 12, 2017, and made a false statement to the effect that “if sending KRW 170,000,000” is sent to K 1:1 hosting, the Defendant would send L harassment ticket to the Defendant.

However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to sell the goods.

Nevertheless, on December 12, 2017, the Defendant: (a) by deceiving the victim as above; (b) received KRW 170,000 from the J account (N) in the name of the Defendant around December 12, 2017 from the victim; and (c) from that time, the Defendant received KRW 170,000 from the J account in the name of the Defendant; and (d) around January 11, 2018, total of KRW 170,00