Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2016 Highest 509"
1. Fraud;
A. On November 13, 2015, the Defendant, who committed the crime against the victim C, told the victim to have access to the Defendant’s house located in Yansan-gu D and 402 in the Jeonsi-si, Jeonju-si, through Facebook, to introduce the male-child relationship with the victim, and then, as he was a male in his name “E”, the Defendant expressed that the victim would have the intention to receive letters because the cell phone is unable to receive letters because the cell phone is broken off. The small payment rate will be settled in conjunction with the credit card.”
However, in fact, the small-amount settlement fee is not linked to the credit card of the defendant, and the defendant thought that the item was individually used from the game site through small-amount settlement with the cell phone of the victim.
피고인은 이처럼 피해자를 기망하여 이에 속은 피해자로부터 피해자의 휴대전화로 전송된 인증번호를 건네받아 주식회사 넥슨 사이트에서 30,000원을 결제한 것을 비롯하여 그때부터 2015. 11. 16. 11:28경까지 사이에 위 넥슨 사이트 및 주식회사 카카오 사이트에서 12회에 걸쳐 합계 422,050원을 소액 결제하여 아이템 등을 구매하여 같은 액수만큼의 재산상 이익을 취하였다.
B. On January 1, 2016, the Defendant, who committed the crime against the victim F, was approaching the victim as if he was the male in the name of his “G” through the Facebook, and was talked with the victim on the same day at around 23:11 of the same day, the Defendant stated that the victim was “I will receive the mobile phone name of his company, which is the day of receiving the cell phone name, and the text is written now. Instead, the serial number transmitted by the driver’s mobile phone will be changed, and the small payment rate will be settled in conjunction with the credit card.”
However, in fact, small-amount settlement charges are not linked to the credit card of the defendant, and the defendant is the defendant.