beta
(영문) 인천지방법원 2020.06.19 2020고단1413

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

On December 27, 2019, the Defendant posted a false statement to the effect that “The Internet V Games are sold” by accessing the Internet V Games in the Michuhol-gu Incheon, Michuhol-gu, and then sent money to the victim who reported and contacted this article to the victim W.

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

As above, the Defendant, by deceiving the victim as above, received 400,000 won from the victim to the X bank account (Y) in the name of the Defendant, from the time to January 28, 2020, received total of 58 times from the victim from the time to January 28, 2020 as shown in the attached Table 1 [Crimes List 1], and acquired it by deceiving the victim.

On January 25, 2020, the Defendant posted a letter to the effect that “the sale of game money” on the Internet V game site in the “UPC bank” located in Michuhol-gu Incheon, Michuhol-gu, Incheon, and falsely read that “the transfer of money would send the game money to the victim Z who reported and contacted the above writing.”

However, in fact, the defendant did not possess the game money that he could sell, and it was thought that he would use the money for the defendant's living expenses and personal debts with the money for the sale proceeds from many unspecified victims, so even if he received the sale proceeds from the victim, he did not have the intention or ability to sell the game money.

Nevertheless, the Defendant, by deceiving the victim, received 72,00 won from the victim to the X bank account (A) in the name of the Defendant on the same day as the sale price of the game money in question on the same day, and from that time, transferred the sum of KRW 1,640,000 from the victims four times in total, as shown in the [Attachment 2] from that time until the 27th day of the same month.