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(영문) 서울중앙지방법원 2015.12.04 2015고단4619
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 Highest 4619]

1. When the Defendant lost a large amount of money while gambling on the Internet, the Defendant was willing to deceive the victims who reported this writing to the Internet bulletin board and deceive them into money as the purchase price for used goods.

Accordingly, around February 2, 2015, the Defendant posted a false statement on the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government, stating that “The Defendant would deliver a medium-sized computer on the face of the transfer of the purchase price,” despite the absence of the intent or ability to deliver a medium-sized computer, despite the fact that the Defendant did not own a medium-sized computer and received the purchase price, the Defendant sent a false statement to the victim E who reported this fact to the effect that “The Defendant will deliver a medium-sized computer on the face of the transfer of the purchase price.”

As such, the Defendant, by deceiving the victim and being transferred KRW 220,00 from the victim as the purchase price, and by deceiving the victims on six occasions from around that time to May 23, 2015, both as shown in the attached Table of Crimes (1) and received KRW 270,00 from the victims in total as the purchase price for used goods.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (information and communications network infringement) shall intrude information networks.

Nevertheless, at around 09:53 on April 25, 2015, the Defendant, at the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government D, posted a letter to enter the ID and password of F, which was known in advance, and sell used goods with a prior knowledge, with a view to committing fraud, such as the foregoing paragraph (1).

In this respect, the Defendant has no access authority.

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