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(영문) 인천지방법원 2019.08.12 2019고단3049
사기
Text

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

On March 25, 2019, the Defendant posted a letter to the “C” bulletin board of the online game “C” on March 25, 2019 and falsely sent money to the victim D who contacted with the notice, the Defendant posted a false letter to the effect that the Defendant sold the game money.

However, even if the defendant received money from the victim, he/she had the intent to use the existing debt repayment and living expenses, and did not have the money sold to the victim.

As above, the Defendant, by deceiving the victim as above, received 380,000 won from the victim’s agricultural bank account (E) in the name of the Defendant, from the victim, and then, by deceiving the victims as described in the separate crime list until April 6, 2019, received 3,063,00 won over 18 times.

On April 11, 2019, the Defendant posted a false statement on the content that “the sale of the game money note” by accessing the Internet PC game C from G located in the Seo-gu Incheon, Seo-gu, Incheon to a computer, and communicating with the victim B who called with the victim B by text message, the Defendant made a false statement that “the Defendant would trade 23.2 billion won note by sending money to the account” to the victim.

However, in fact, the defendant was not holding game money and planned to use the money received from the victim for living expenses, etc., and even if he received money from the victim as a price, he did not have the intent or ability to sell the game money.

The Defendant, by deceiving the victim as such, was transferred KRW 881,600 to an enterprise bank account in the name of the Defendant around 21:31 on the same day from the victim.

Summary of Evidence

1. Each defendant's oral statement "2019No3049";

1. Each written statement of H, I, J, K, L, M, N, P, Q, Q, S, T, U, V,W, X, and D;

1. Each deposit certificate, statement of account transactions, details of transfers, message photographs, each financial transaction meeting, each transfer certificate, and details of transfers;

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