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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 27, 2018, the Defendant sent a false statement to the effect that “I will sell a game account if I sent money” by accessing “B”, an Internet site, at a place where the address is unknown, and by visiting “B,” posted by the victim C,” and that “I will sell a game account if I sent money.”
However, since the defendant did not have the above game account, even if he received money from the victim, he did not have the intent or ability to sell the above game account.
The Defendant, by deceiving the victim as above, received 380,000 won from the victim’s corporate bank account in the name of the Defendant on the same day.
On December 22, 2018, the Defendant reported that “B” posted by the victim E to “B” at a place where the address is unknown, and made a false statement to the effect that “I will transfer IDs if I deposit KRW 200,000 won with the victim.”
However, in fact, the defendant had no intention or ability to transfer IDs even if he had already transferred it to another person, because he had already received money from the victim.
As above, the Defendant, by deceiving the victim, received 200,000 won from the victim’s account in the name of the Defendant from the victim to the corporate bank account on the same day, from February 20, 2019 to February 20, 2019, transferred the total amount of KRW 1,450,000 from the victims by the above means, such as the list of crimes (1).
On November 14, 2018, the Defendant sent a false statement to the effect that “I will sell the game account if I transfer money” to the victim by accessing “B”, an Internet site, at a place no domicile, and making contact with the victim at a place no domicile.”
However, the defendant did not have the above game account.