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(영문) 의정부지방법원 고양지원 2020.02.19 2019고단3623
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On September 6, 2019, the Defendant posted an advertisement to raise the level of online game “E” character when remitting money on the Internet bulletin board at the Godong-gu B apartment C, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul on September 6, 2019, and falsely read that “When sending the amount of KRW 400,000 to the victim F who reported the article and contacted the Defendant, he would raise the level of E character.”

However, even if the defendant receives the payment from the victim, he did not have the intent and ability to raise the character level.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 400,00 from the victim’s G bank account (H) in the name of the Defendant, and did not raise the game character level; and (c) acquired it by deception.

From that time until October 17, 2019, the Defendant received a total of KRW 3,400,000 from the victims by the same method nine times, such as the list of crimes in the attached Form.

"200 Highest 86"

1. On October 31, 2019, the Defendant, against the victim I, posted a false statement to the effect that “A victim I, who had access to the “J” site and sent a false statement to develop online game character on behalf of the victim I, who reported and contacted the above writing, will substitute him/her for fostering the character if I remitted KRW 270,000 to B.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to foster the character of the online game on behalf of the victim.

Accordingly, the Defendant, by deceiving the victim as above, obtained 270,000 won from the victim to the L Bank account (M) account in the name of K designated by the Defendant on November 1, 2019.

2. On November 18, 2019, the Defendant’s fraud against the victim N refers to the character of the online game “E” by accessing the O BP website from the French site on behalf of the Defendant.

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