A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[2019 Highest 644]

1. 사기 피고인은 2016. 7.경 인터넷 페이스북 채팅을 통하여 피해자 B을 알게 된 후 피해자가 판매하는 건강식품과 화장품을 팔아줄 수 있다는 등의 말을 하면서 피해자의 호감을 샀다.

A. On April 5, 2017, the Defendant made a false statement to the effect that “Around April 5, 2017, the Defendant shall pay off and pay off KRW 3 million, if he/she borrowed from the victim immediately.”

However, in fact, the Defendant borrowed money from the victim to purchase the game money to be used at the same time while operating an unauthorized adult PC, not a normal business, and the Defendant did not make any profit in the unauthorized adult PC room that began to operate from October 2016, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.

Around April 10, 2017, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim’s account in the name of the Defendant to the C Association account in the name of the Defendant.

B. On April 13, 2017, the Defendant made a false statement to the effect that “Around April 13, 2017, the Defendant borrowed money of KRW 3 million as 3 million as she was urgently required to do so upon human being at the time,” using the Kakakao Stockholm.

However, the Defendant did not need to reach an agreement due to the lack of the fact of causing assault, and was thought to use the money for operating an unauthorized adult PC when borrowing money from the victim. Since the Defendant did not make any profit in the unauthorized adult PC operated by the Defendant, there was no intention or ability to pay the money even if he borrowed money from the victim.

Around April 13, 2017, the Defendant, by deceiving the victims as above, received KRW 200,000 from the C Association account in the name of the Defendant, and around April 14, 2017, KRW 1.8 million from the C Association account in the name of the Defendant, respectively.

C. On April 21, 2017, the Defendant is in the Seongdong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).