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A defendant shall be punished by imprisonment for not more than ten 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
[207] On January 1, 2020, the Defendant posted a false statement to the effect that, at the Defendant’s residence located in Seosan-si D around January 1, 2020, the Defendant sold the Game money in the Internet E-Games by accessing the Internet E-Games, and that, at the same time, the Defendant said that, “If deposited KRW 70,000,000, the Game money will exceed 4,2300.”
However, since the defendant did not have the money to sell, even if he received money from the victim G, he did not have the intention or ability to transfer the money promised.
On January 1, 2020, the Defendant received KRW 70,000 from the victim G to the Hbank account (I) in return for the sale of the game money at around 20:26, and received KRW 575,000 from the victims in the same manner from January 1, 2020 to January 26, 2020, as shown in the attached Table 1 in the same manner.
[2020 order 237] On October 27, 2019, the Defendant connected to the “On-line GameJ” at the Defendant’s residence located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and made a false statement to the effect that “When transferring money to the account, the Defendant would transfer the corresponding L to the account of the party.”
However, since the defendant did not have a game currency which was promised to sell to the victim, even if he received money from the victim, he did not have the intent or ability to return the game currency which was promised to sell to the victim.
Nevertheless, the Defendant received 97,000 won in total from the victims by the same method ten times from the victims from December 18, 2019, including the transfer of 97,000 won to the Mbank account (N) account in the name of the Defendant in the name of the same day as the sale proceeds of the game money.
Accordingly, the defendant was given property by deceiving the victims.