1355(Joint), 1411(Joint), 2670(Joint) Fraud

[2019 Highest 434]

On December 27, 2018, the Defendant made a false statement to the effect that the Defendant would sell the game account if he sent money to the victim by accessing the “B”, an Internet site, and purchasing the “B” account posted by the victim C.

However, since the defendant did not have the above game account, even if he received money from the victim, he did not have the intent or ability to sell the above game account.

The Defendant, by deceiving the victim as above, received 380,000 won from the victim’s corporate bank account in the name of the Defendant on the same day.

“2019 Highest 1034

On December 22, 2018, the Defendant made a false statement to the effect that “B” posted by the victim E to “B” at a place where the Internet site is not an address, and that “I will transfer IDs if I deposit KRW 200,000 won.”

However, in fact, the defendant had no intention or ability to transfer IDs even if he had already transferred it to another person, because he had already received money from the victim.

As above, the Defendant, by deceiving the victim, received 200,000 won from the victim’s account in the name of the Defendant from the victim to the corporate bank account on the same day, from February 20, 2019 to February 20, 2019, transferred the total amount of KRW 1,450,000 from the victims by the above means, such as the list of crimes (1).

2019 Highest 1088 "

On November 14, 2018, the Defendant: (a) visited “B,” an Internet site, at an address unknown place; and (b) made a false statement that “I will sell the game account when I remitted money to the victim” by contact the victim with “I will sell money.”

However, since the defendant did not have the above game account, even if he received money from the victim, he did not have the intent or ability to sell the above game account.

As above, the Defendant, by deceiving the victim, received 350,000 won from the victim to the corporate bank account (D) account in the name of the Defendant on the same day.

“2019 Highest 11900

On February 2, 2019, at around 16:56, the Defendant made a false statement to the effect that “B shall purchase an online account that was posted by the victim G by accessing “B” at a place where the Internet game transaction site is not located,” and that “on deposit of KRW 2.50,000,000,000 should be transferred to the account.”

However, in fact, the defendant had no intention or ability to transfer the account even if he has already transferred his online account to another person, and even if he has received money from the victim.

The Defendant, by deceiving the victim as above, received KRW 200,00 from the victim to the corporate bank account in the name of the Defendant on the same day.

“2019 Highest 1208

On January 18, 2019, the Defendant had access to “B,” which is an Internet game transaction site, and had been posted by the victim H, at a place where the address is not located, and had the victim contact with the victim and made a false statement that “The Defendant would sell the account when remitting money.”

However, the defendant had no intention or ability to sell the account even if he has already received money from the victim while he already sold the account.

The Defendant deceivings the victim as above, and received 70,000 won from the victim as the game account price on the same day.

2019 Highest 1355

On February 3, 2019, the Defendant made a false statement that he would transfer the game account if he sent the amount of KRW 300,000 to the victim's first sending it to the victim by accessing "B, an Internet site," which is an Internet site at the J located in Ulsan-dong I, Ulsan-gu I, and that he would transfer it to the game account."

However, because the defendant did not have the above game account, even if he received money from the victim, he did not have an intention or ability to transfer the game account.

The Defendant, by deceiving the victim as above, received 300,000 won from the victim’s company bank account (L) under the name of the Defendant for the sale proceeds of the game account on the same day. Moreover, from that time until April 3, 2019, the Defendant received a total of 5,680,000 won from the victims by the said method as described in the separate crime list (2) as above, from April 3, 2019.

“2019 Highest 14111

On March 27, 2019, the Defendant, by accessing “JJ” restaurant located in Ulsan-gu I, Ulsan-gu, U.S., to “B, an Internet site,” made a false statement that “the victim M purchases a 6.6 billion off-line online game account,” and that “the victim will sell money by communicating to the victim.”

However, because the defendant did not have the above game account, even if he received money from the victim, he did not have an intention or ability to transfer the game account.

As above, the Defendant, by deceiving the victim, received 700,000 won from the victim’s corporate bank account in the name of the Defendant on the same day.

“2019 Highest 2670

On December 21, 2018, at around 13:33 on December 21, 2018, the Defendant visited the Defendant’s house located in Ulsandong-gu N and U.S., to “B,” which is an Internet game item transaction site, purchased an online 4 account by the victim P, and made a false statement that “I would transfer money to the game account if you send money.”

However, because the defendant did not have the above game account, even if he received money from the victim, he did not have the intention or ability to transfer the game account.

As above, the Defendant, by deceiving the victim, received KRW 130,00 from the victim to the corporate bank account (D) in the name of the defendant on the same day, and acquired the total amount of KRW 830,000 from the victims four times in total, as shown in the attached crime inundation (3).

Summary of Evidence

[2019 Highest 434]

1. Defendant's legal statement;

1. C’s authentic statements and written statements;

1. Transfer certificate;

1. Details of Q dialogue;

1. A statement of account transactions in the bank account in the name of the defendant (2019 order 1034);

1. Defendant's legal statement;

1. Each written appeal and statement of E, R, S and T;

1. Details of transfers, and certificates of confirmation of transfers;

1. Details of conversation between Q and text messages (2019 group 1088);

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Details of transactions of inputs;

1. A statement of account transactions in the bank account under the name of the defendant (2019 order 1190);

1. Defendant's legal statement;

1. Documents and written statements of G;

1. A written confirmation on details of service use;

1. Details of conversation between Q and text messages [2019 Highest 1208];

1. Defendant's legal statement;

1. A petition and a statement of H;

1. Certification of remittance results;

1. Details of Q dialogue;

1. A statement of account transactions in the bank account in the name of the defendant [the statement of account transactions in the bank account in the name of the defendant];

1. Defendant's legal statement;

1. The statement of deposit(transfer), the statement of deposit(transfer), the statement of deposit and withdrawal, the statement of the deposit and withdrawal, the statement of the deposit and the statement of the K, U, V, W, X, Y, Z, AB, AC, AD, AE, AF, and AG, the statement of deposit and withdrawal, the statement of the results of the transfer, and the receipt of deposit;

1. A reply on the result of execution of a search and seizure warrant, and a detailed statement of transactions by account;

1. Defendant's legal statement;

1. The authenticity and written statements of M;

1. Details of transactions of deposits and certificates of deposits;

1. Details of conversation of text messages [2019 Highest 2670];

1. Defendant's legal statement;

1. Statement of the police about P;

1. Each petition and statement of P, AH, AI, and AJ;

1. A certificate of transfer, details of transfer, details of transfer, and written confirmation of transfer transactions;

1. Details on dialogue between Q and text messages;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act - The crime of this case is committed by the defendant by abusing the vulnerability of transactions of Internet game items through the Internet game account or items for a considerable period of time to many unspecified victims who intend to purchase Internet game items by using the Internet game trading site. The crime of this case is committed by the defendant repeatedly, by abusing the vulnerability of transactions of the Internet game items through a considerable period of time. In light of the criminal method and attitude, the crime is imminent and planned, in light of the circumstances and circumstances at the time of the crime, etc., there are many victims of this case, and there are many number of victims of this crime, and the number of times of the crime. The total amount of damage from the crime of this case reaches KRW 9.60,00,000, and it is inevitable to use the Internet gambling fund or the amount of damage from the victims, etc. It is also inevitable to use the amount obtained by the victims for the same kind of punishment for the defendant during a considerable period of punishment.

- However, the fact that the defendant recognizes all of the crimes and reflects their depth, the amount of individual damage of each of the crimes in this case is not so significant, the victims are not wanting to be punished against the defendant, the victims do not have any criminal record exceeding the fine, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crimes, the circumstances after the crimes, etc., and the sentencing conditions specified in the records and arguments, shall be determined as ordered by the order.