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(영문) 울산지방법원 2020.08.28 2020고단1014
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

All applications for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

【Criminal Power】 On January 9, 2019, the Defendant was sentenced to two months of imprisonment with prison labor for larceny and six months at the Ulsan District Court, and was released on November 29, 2019 from parole (on January 24, 2020 at the expiration of the term of punishment) and exempted from the execution of the remaining punishment on a special amnesty on December 31, 2019.

【Criminal Facts】 On December 9, 2019, the Defendant posted a notice on the “sale of online game money” on the bulletin board of the website of the online game community at a non-place on December 9, 2019, and made a false statement to the effect that he/she would sell money to the victim T to transfer money.

However, because the defendant did not have U.S. game money, even if he received money from the victim, he did not have the intention or ability to send the said game money.

The Defendant, by deceiving the victim as above, received 480,000 won from the victim’s account in the name of the Defendant to the V bank account in the name of the Defendant.

In addition, the Defendant received a total of KRW 25,15,00 from 21 victims, as described in the separate crime list, from February 19, 202, from that time until February 19, 2020.

On January 4, 2020, the Defendant sent a false statement to the victim I who reported the fact that “on the transfer of money, you will deliver game money.” The Defendant sent a false statement to the victim I who sent the money, by accessing the game item trading site to “W” by “W” on the R bulletin board, which is a game item trading site.

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

Around January 4, 2020, the Defendant, by deceiving the victim as above, received 2 million won from the victim to the X bank account (Y) in the name of the Defendant, and acquired by deceiving the victim.

The defendant of "200 Godan1359" refers to a game item transaction site using a mobile phone on December 26, 2019.

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