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A defendant shall be punished by imprisonment for nine 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
1. 사기 피고인은 2020. 1. 23.경 여주시 일대 이하 불상의 장소에서, 인터넷 B 사이트에 ‘에어팟2를 판매한다.’는 내용의 글을 게시하고 이를 보고 연락한 피해자 C에게 “에어팟2를 110,000원에 판매할 테니 내가 지정하는 계좌로 구입대금을 입금해 달라.”고 거짓말하였다.
However, the fact that the defendant did not possess the goods to be sold to the victim and did not have the intent or ability to sell the goods as agreed to by the victim only because he thought that he would use the money received from the victim as an Internet sports soil or living expenses, etc.
Nevertheless, the Defendant received KRW 110,000 from the victim’s account in the name of the Defendant (E) from the victim, from that time, and received KRW 5,691,000 in total from the victims by March 24, 202 as shown in the separate crime list (Fraud) from March 24, 202.
Accordingly, the defendant was delivered property by deceiving the victims.
2. No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide property or property benefits to persons who win at the betting by issuing sports betting tickets or similar things, and no person shall gambling using such prohibited act;
Nevertheless, on January 21, 2020, the Defendant, using the Defendant’s smartphone, connected “F” to “F,” a private sports soil site, using the Defendant’s smartphone, deposited KRW 50,000 from the Defendant’s name D account (E) to the I Bank account (J) in the name of H, a stock company deposit account in the above gambling site, and exchanged the corresponding game money in Korea and abroad and expected the result of the failure to work on board the sports games in advance.