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(영문) 의정부지방법원 고양지원 2017.04.27 2016고단3159
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 6, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at a senior branch of the District Court, and was released on May 22, 2015 during the execution of the sentence, and the parole period terminated on July 15, 2015.

On December 9, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Jung-gu District Court Goyang branch on December 9, 2016, and the judgment became final and conclusive on December 17, 2016, and on February 9, 2017, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Jung-gu District Court on February 17, 2017.

[2016 Highest 3159] On June 6, 2016, the Defendant stated that “The Defendant would immediately send the game account to E if he/she transfers KRW 250,000 to E’s bank account (F).”

However, in fact, the Defendant did not have the above game account, and the account of E requesting the victim to remit money was only the account for purchasing the game money amounting to KRW 2.50,000 from E and paying the price. Thus, even if the victim remitted KRW 2.50,00 to the account of E, the Defendant did not have the intent or ability to transfer the game account to the victim.

As such, the Defendant, by deceiving the victim, had the victim transfer KRW 250,00 to the above national bank account in the name of E, and received from E the game money of the “former T&W” game money amounting to KRW 250,000.

Accordingly, the defendant deceivings the victim and let the victim deliver KRW 250,000 to E.

[2016 Highest 3297] On June 14, 2016, the Defendant posted a letter to the effect that the Defendant would transfer the said account if he deposits KRW 3.50,00 to the victim H (the age of 40) who contacted in order to purchase the said account by reporting the letter.

(b).

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