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

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

Punishment of the crime

[2015 Highest 1182] On December 20, 2014, the Defendant connected C, 307 Dong 603, smartphone hosting program, “satising” to the Defendant’s house, and introduced the Defendant as if he was a woman with 168 cm, kisat was 168 cm, and was a woman with a hosting model.

After reading that writing, the Defendant told the Defendant that he was a female of the above physical business, sent the horses to the “Plastic Stockholm” program, which was called the victim DNA, which was misunderstanding that the Defendant was a female of the above physical business, and then sent the horses to the victim, and then proposed a “sexual art contract” which requires the victim to comply with the State’s sexual demands.

However, the defendant did not have any intention or ability to impair sexual relations or meet the victim's sexual demands, even if he receives money from the victim because of male being a man.

The Defendant received KRW 100,000 from the victim to the agricultural bank account under the name of the Defendant for the same day as the down payment, from January 26, 2015, totaling KRW 2,665,00,00 from the time to January 26, 2015.

Accordingly, the defendant was given property by deceiving the victim.

[2015고단1537] 피고인은 2015. 1. 22.경 시흥시 C, 307동 603호에 있는 피고인의 집에서 스마트폰 채팅 어플리케이션 프로그램인 ‘채팅매니아’에 접속하여 피해자 E에게 대화 신청을 하고, 피고인의 스마트폰 채팅 어플리케이션 프로그램인 ‘틱톡’ 아이디를 가르쳐 주면서 ‘틱톡’에서 대화를 하자고 한 후, 피해자에게 “5만 원을 입금하면 하룻밤 같이 있어주겠다. 5만원 계좌이체 하고 부천역에서 만나자”고 거짓말을 하였다.

그러나 사실 피고인은 남자이기 때문에 피해자로부터 5만 원을 입금 받더라도 피해자와 하룻밤을 같이 있어 줄 의사나 능력이 없었다....