beta
(영문) 인천지방법원 2020.08.21 2020고단2406

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

Around November 25, 2018, the Defendant posted a letter stating that “I sell game money” was “I sell game money,” and that I would have to pay KRW 40,000 to the victim I who visited the said letter.”

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

Nevertheless, the Defendant, by deceiving the victim as above, received 40,000 won from the victim to the company bank account (K) under the name of the Defendant as the sales proceeds of the game money in the same day, and acquired it by transfer from that time to February 13, 2020, and acquired 11,084,00 won in total to 333 persons as shown in the attached crime list by the same method from that time to February 13, 2020.

On January 19, 2020, the Defendant sent a false statement to the victim F who reported and contacted this article, stating that “If 266,000 won is paid, 7 billion won will be paid to the game money.” The Defendant sent a false statement to the victim F, who reported and contacted this article, at the PC room where the trade name in the location of the Michuhol-gu Incheon, Michuhol-gu, Incheon, is unknown.”

However, since the defendant planned to use the above money for the repayment of personal debts, even if he received money from the victim, he did not have the intent or ability to sell the money to the victim.

Around 19:41 on the same day from the victim by deceiving the victim as above, the Defendant received 266,000 won from the L account (M) under the name of the Defendant.

Summary of Evidence

[200 Highest 2406]

1. Defendant's legal statement;

1. Each written petition, each written statement, each written statement, each written statement of transfer, each statement of transfer, each financial reply data, transfer data, financial statements, and data on details of transactions;

1. Defendant's legal statement;

1. Application of the written statement or the certificate of deposit in the written petition;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;