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A defendant shall be punished by imprisonment for one year.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[Criminal Justice] On July 24, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the branch court of the Busan District Court. On April 18, 2019, the Defendant completed the execution of the sentence in the Jinju Prison.
【Criminal Facts】
On August 24, 2019, the Defendant posted a false statement to the effect that “D game accounts are sold.” On the same day, the Defendant reported this day to the victim E who visited the victim, stating that “The said account will be opened at the time of remittance of money.”
However, because the defendant did not have an account, even if he received money from the victim, he did not have the intention or ability to sell the account to the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 2.80,000 from the victim to the F bank account (G) in the name of the Defendant, and received KRW 4,719,90 in total from 18 victims to the F bank account (G) and H account in the following manner from August 24, 2019 to November 4, 2019:
On October 9, 2019, the Defendant made a false statement that “D Game money 2.5 billion won will be sold to KRW 90,000,000,000,000,000 won.”
However, even if the defendant received money from the victim, he did not have the intention or ability to send the goods.
As such, the Defendant, by deceiving the victim, received 90,00 won from the victim to H account (I) in the name of the Defendant at that time, and acquired it by fraud.
On August 10, 2019, the defendant sent 220,000 won to the victim L who became aware of through the Internet D Trading Caf on August 10, 2019.
The phrase “the expression was false.”
However, the defendant did not have a game account.