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(영문) 광주지방법원 2020.10.07 2020고단43

사기

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

"200 Highest 43"

1. On November 6, 2019, the Defendant committed the crime against the victim C, stating that “The Defendant would purchase the game items” posted by the victim at “D,” which is an online game site, and that “the Defendant would send the game items to the Defendant on the face of 35,000 won.”

However, because the defendant did not possess a game item, even if he received money as a price for the game item, he did not have the intention or ability to send the game item to the victim, and he thought that he would receive item from F by having the victim transfer the money that he promised to pay to F as the price for the purchase of the item.

The Defendant, by deceiving the victim as above, had the victim transfer KRW 35,00 to the G bank account (H) in the name of F on the same day, and acquired an estimated profit equivalent to that amount.

Although the circumstances leading up to the transfer of money to F are not stated in the facts charged, it is judged that there is no disadvantage in guaranteeing the defendant's right of defense even if acknowledged as above, the defendant is guilty in addition to the circumstances leading up to the transfer of money to F without any modification of indictment procedure.

It is also concerned with the crimes against the following victims I.

2. On November 6, 2019, the Defendant: (a) stated that “The Defendant would purchase game items” posted by the victim to J on November 6, 2019; and (b) contacted the victim through E open hosting banks to contact the victim, thereby sending 12,00 won to the game items.”

However, because the defendant did not possess a game item, even if he received money as a price for the game item, he did not have the intent or ability to send the game item to the victim, and he had the victim remittance the money that he promised to pay as the price for the purchase of the item to F.