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(영문) 인천지방법원 2016.12.23 2016고단3259

사기

Text

A defendant shall be punished by imprisonment for six 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

[2016 Highest 3259] On March 2, 2016, the Defendant made a false statement to the effect that he would sell the game money by accessing “C,” an Internet game site,” and that he would sell the said money to the victim D who reported and contacted the said public notice to the effect that “I would sell the money by sending the money to the domestic bank’s account number.”

However, in fact, the defendant did not own game money at the time and did not have the intent or ability to send the game money even if he did not receive the money sales from the victim because there was no particular property.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 26,00 from the victim to the post office account (E) in the name of the Defendant. From the above date to March 10, 2016, the Defendant acquired KRW 157,000 in total from the victims four times in the same manner as the following crime list:

[2016 Highest 4090] On March 6, 2016, the Defendant: (a) connected the “GPC bank” located in Bupyeong-gu Incheon Metropolitan Government F on March 6, 2016; and (b) notified “C”, an Internet game site, to sell cash, so that the Defendant did not own the game money at the time; (c) the Defendant did not have any intent or ability to send the game money even if he did not receive sales money from the victim H even if he did not have any particular property, and even if he received sales money from the victim H, he did not have any intent or ability to send it.

Nevertheless, the Defendant, as above, by deceiving the victim, received 110,000 won from the victim to the post office account (I) in the name of the defendant, and acquired it by fraud.

[2016 Highest 6954]

1. On September 1, 2016, the Defendant, at around 19:07 on September 1, 2016, announced the PC to the effect that “The Defendant would sell cash on a face-to-face game money in connection with “C”, an Internet game site,” and that the Defendant, at around 19:07, announced that “The Defendant would sell cash-to-face game money.”