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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2015 Highest 622] The Defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court on February 10, 2012, and completed the execution of the above punishment on July 5, 2012. On September 18, 2014, the Defendant was sentenced to imprisonment for one year and four months at the Gwangju District Court on September 18, 2014, and filed a final appeal with the Supreme Court at the present trial.
Supreme Court Decision 2015Do9831 Decided June 23, 2014, around 12:58, 2014, the Defendant posted a letter "nicking the character of online game 2" on the bulletin board 2 bulletin board of online game host, and said that the Defendant would foster the character if the Defendant deposits KRW 500,000 to the victim C.
However, even if the defendant received money from the victim, he did not have the intent or ability to foster the game character as the promise.
As above, the Defendant received 500,000 won from the victim to the non-indicted D’s account in the name of the victim.
[2015 Highest 779] On May 10, 2014, the Defendant connected to the Defendant’s house located in Gwangju Northern-gu, Gwangju, to the Defendant’s home, and held online games with the victim F who requested the Defendant to foster the game character, and sold the game money if the Defendant paid KRW 3,969,600 by calculating the amount of KRW 4,800 per 100 million per letter to the victim on the 12th of the same month.
The phrase “the expression was false.”
However, the defendant did not have a game money, and even if he received money from the victim, he did not have an intent or ability to provide game money.
Nevertheless, the Defendant, by deceiving the victim as above, received 3,969,600 won from the victim as the price for game money on May 12, 2014 to the post office account in the name of pro-friendly G in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
[2015 order 817] Defendant