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(영문) 서울북부지방법원 2020.02.19 2019고단2134
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 129,00 won to B who made an application for compensation.

3.2

Reasons

Punishment of the crime

On May 14, 2018, the Defendant was sentenced to imprisonment of one year and two months with labor for fraud, etc. in the Busan District Court Branch Branch of the Incheon District Court, and completed the execution of the sentence on January 14, 2019.

Around January 29, 2019, the Defendant posted a letter “The sale of cultural merchandise tickets” on DKaf, and falsely read the victim E who had contacted with the letter to “the sending of money, to inform the pin number of the cultural merchandise tickets.”

However, the defendant did not have intention or ability to sell cultural products.

At around 15:57 of the same day, the Defendant acquired 129,000 won from the victim to the F bank account (number: G) in the name of the Defendant.

The Defendant, “2019 Highest 2770,” approaching each transaction with the seller of the game item and the buyer, had the seller deliver the game item to the buyer by deceiving the seller, and at the same time, had the buyer who received the game item deliver the purchase price to him/her by means of fraud (the third party fraud method).

On April 20, 2019, the Defendant posted a letter “I 90,000 won per 110,000 won (I .....)” on the Internet “H site,” and said, the Defendant said that “I 10,000 won per 110,000 won (I ........)” and that “I am informed the victim J. who contacted with the K account L of the purchase price, and transfer the price

However, even if the victim purchased game items M, the defendant did not have the intention or ability to send the price.

At around 20:00 on the same day, the Defendant had the victim purchase 18,000 M item, which is equivalent to 495,000 won, by accessing the above account, and had the purchaser in the name name gain pecuniary advantage equivalent to the same amount.

The defendant of the 2019 Highest 2875 has access to the transaction between the seller and the buyer of game money and belongs to the seller.

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