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(영문) 창원지방법원 2020.09.18 2020고단1814 (1)

사기

Text

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

except that 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

[Criminal Power] On April 24, 2020, the Defendant was sentenced to a suspended sentence of one year for fraud at the Changwon District Court on April 24, 202, and the same year.

5.2 The judgment became final and conclusive.

【Criminal Facts】

The Defendant and B expressed their intent to commit the crime of fraud without holding an item of the "temp" game in order to raise the living cost while having been living together with the house from June 2019 to the point of view that they worked as the delivery agency "D" in Kim Sea-si, and they came to know, from June 2019 to the point of view.

1. On July 22, 2019, around July 22, 2019, the Defendant and B posted a false statement to the effect that the Defendant would open an open hosting room in E in the Gyeonggi-si, Suwon-si, which was located in the Gyeonggi-si, and that “the sale of themep games items,” and then send the game item to the victim G who reported and contacted, “the fin number of the right of cultural products will first be transmitted.”

However, as the defendant and B did not possess game items, even if they receive cultural products rights from the victim, they did not have the intent or ability to send the game items as promised.

Nevertheless, the Defendant and B conspired to induce the victim as above, and the victim was sent 20,000 won in total of the market value of mobile cultural products from the victim.

2. On September 7, 2019, the Defendant and B, around September 7, 2019, posted a false statement to the effect that “the Defendant opened an open hosting room at a PC located in Suwon-si,” and that “the Defendant would send money to the game item if the Defendant and B transferred money first” to the victim H who visited him.

However, in fact, the Defendant and B did not own game items, and had the victim transfer the sales proceeds to the account of the seller of the Internet IKafe's cultural products and then mobile devices from the said seller.