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(영문) 서울서부지방법원 2013.09.04 2013고단1739

사기

Text

A defendant shall be punished by imprisonment for not less than five 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

The Defendant sold game flags and game CDs under the trade name of "C" in 13-dong and 13-dong and 1739, Yongsan-gu, Seoul, and operated the shopping mall under the trade name of "D."

On August 30, 2010, the Defendant posted a letter to sell X-BX360 games to the above Internet shopping mall (D) and reported this fact to the victim E, “If a F Fund is purchased by depositing KRW 1 million, it shall be accumulated KRW 70,000 per month, and the total amount of the purchase shall be refunded in two months after six months, and X-BX360 games may be received after 60 days.”

However, even if the Defendant received money from the victim as the purchase price of the fund, he did not make a full refund of the principal after six months, or did not have intention or ability to sell the game machine.

As such, the Defendant, by deceiving the victim and allowing the victim to subscribe to the fund goods, thereby causing the victim to subscribe to the fund goods to the national bank account in the name of the Defendant, KRW 2,000,000 on August 30, 201, KRW 1,000 on January 31, 201, and KRW 00 on January 31, 201.

2. 1.1.1.1.1. 1,00,000 won was remitted, and 4,000,000,000 won was remitted from the victim on three occasions, and received KRW 201,60,00 from the victim on the pretext of the price for the game machine. From that time to September 15, 201, 24 victims were urged by the above method, and received KRW 23,743,023 in total as the price for the game machine or the purchase price for the goods of the fund.

The Defendant sold a game machine and a game CD in the trade name of Yongsan-gu Seoul, Yongsan-gu, Seoul, as “C” in 13-dong underground streets 5, and operated a shopping mall in the name of “D” on the Internet.

On April 9, 2011, the Defendant posted on the Internet shopping mall (D) a notice to sell X-BX360 games and flass 3 games, etc., and if accumulation of a certain amount of money, the Defendant may purchase the game CD in the amount corresponding to that amount.