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(영문) 대구지방법원 2017.09.07 2017고단978
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant, “2017 Highest 978, the Defendant, by accessing the Internet items brokerage site and posting a notice to sell the ID account on the list of items, by visiting the Internet with a computer, around October 14, 2016, the Defendant would transfer to the victim E the remittance of KRW 30,000,000 to the Internet.

“A false statement” was made.

However, even if the defendant receives money from the damaged person as a consideration for the account, he/she had no intention or ability to keep the foreign account available for the victim because he/she changed the password of the account and acquired money only.

As above, the defendant deceivings the victim as above and acquired 30,000 won through a new bank account (Account Number:F) in the name of the defendant on the same day from the victim.

“If the Defendant sent KRW 22,00 (including completion) to the victim G who reported and contacted the sales of the Obdo Game account at around 22:22 on August 6, 2016, at the Defendant’s residence located in the Daegu Suwon-gu D 101 Dong 801, the Defendant made a false statement to the effect that “If the Defendant sent KRW 22,00 (including completion), he would sell the Obdo Game Account (H).”

However, after changing the fact-finding account into e-mail in the victim's name, the defendant had no intention or ability to sell the game account because he/she thought that he/she had no intention or ability to sell the game account because he/she had a cell phone certified as a mobile phone used by him/her and changed the name of the defendant again

As such, the Defendant, by deceiving the victim, had the victim settle 22,00 won on the game management site, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

[2017 Highest 978]

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A detailed statement of transactions, Kakao Stockholm, response by IM;

1. Each investigation report (the same..).

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