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A defendant shall be punished by imprisonment for not less than eight 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 August 1, 2017, the Defendant prepared and posted an article to the effect that he would sell game money on the bulletin board of the website of the Internet game “C” and sold game money in KRW 240,000 to the victim D who reported and contacted with it.
However, even if the defendant receives money from the victim D, he did not have the intention or ability to send the game money.
As above, the Defendant, by deceiving the victim as above, received 240,000 won from the victim D to the E bank account (F) in the name of the Defendant.
In addition, until September 9, 2018, the Defendant deceivings the victims by the above means ten times in total, such as the list of crimes in the attached Table, and then acquired the total amount of KRW 973,000 from the victims by remittance.
around April 30, 2018, the Defendant posted a letter that “The sales of the C Game J account (K and ID)” to the Internet site I, and if the Defendant transfers KRW 50,000 to the victim M who reported and contacted, the amount of KRW 50,00,00 to the Defendant would be transferred to the game.
‘A false statement' was made.
However, in fact, the suspect was thought to change the password of the above account, and there was no intention or ability to transfer the account to the normal account even if he received the payment from the victim.
The Defendant, by deceiving the victim as above, received 50,000 won from the E-bank account (F) in the name of the Defendant on the same day.
Summary of Evidence
[2018 Highest 1032]
1. Defendant's legal statement;
1. Each petition and statement of the victims;
1. Details of the comparison of letters;
1. Details of each account transfer;
1. A photograph of withdrawal [the case of 2019 Highest21];
1. Defendant's legal statement;
1. A written petition and statement of the relevant victim;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;