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(영문) 광주지방법원 순천지원 2016.08.17 2016고단501
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 501]

1. On October 13, 2015, the Defendant posted a false statement to the effect that “The Defendant, at the Defendant’s mother’s domicile located at Macheon-si, would allow the Defendant to use the game account by informing the Defendant of the password number of the said account at around KRW 190,00,00,” by accessing the Internet game item transaction site “at the world’s age game K at KRW 1.90,00,00,” which is the Internet game transaction site, and that “the Defendant would allow the victim H who reported and contacted this article to use the game account by notifying the Defendant’s secret number of the said account at around 190,00,000.”

However, in fact, even if the victim paid 1.90,00 won to the account that had discovered the password as if the previous defendant purchased the above game account to L, it is evident that the above L was unable to receive the payment from the Defendant for the account, and thus, the defendant did not have the intent or ability to transfer the above game account normally to the victim.

Nevertheless, the Defendant, as seen above, received KRW 190,00 from that time by deceiving the victim and receiving transfer of KRW 190,000 to the Saemaul Treasury account in the name of the Defendant from that time to February 20, 2016, a total of KRW 9,309,000 by means of false statement as if it were to transfer the above normal account or a false account to the victims, such as the previous Table (1).

Accordingly, the defendant acquired property by deceiving victims.

2. No one shall damage any other person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge any other person's confidential information;

Nevertheless,

A. On September 13, 2015, the Defendant: (a) around September 13, 2015, at the address of the said Defendant’s mother J, the Victim M is the victim M in the said “Kakao” website.

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