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(영문) 광주지방법원 순천지원 2017.05.12 2017고단575
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 22, 2016, 2016, the Defendant reported the victim D’s intent that “to purchase the Liber Game Account,” which was put into “C” in the Pacheon-si room in which it is impossible to identify a place not exceeding 1,00 p.m., and told the victim that “I will sell the Liber Game Account to 80,000 won.”

However, since the defendant did not have the Liber game account, even if he received 80,000 won from the injured party, he did not have the intention or ability to sell it to the injured party.

On August 22, 2016, the defendant deceivings the victim as above and was remitted 80,000 won to the company bank account (E) in the name of the defendant as the sales proceeds of the game account under the name of the defendant.

In addition, from around that time to February 12, 2017, the Defendant received KRW 1935,000 from the victims a total of 12 times as indicated in the separate crime list, including the following methods: (a) the Defendant received KRW 1935,00 from the victims as the sales proceeds of the game account.

Accordingly, the defendant acquired the victims' property by deceit.

On November 11, 2016, the Defendant stated that “The Defendant would transfer the said game account to a victim’s account if he transfers KRW 150,000 won to the head of the Kakao Stockholm,” and that “The Defendant would transfer the said game account to the head of the 20 Ma 1.50 Ma 1.50 Ma 1.50 Ma 1.50 Ma 1.55 Ma.”

However, even if the defendant receives money from the damaged party, he did not have the intent or ability to transfer the game account.

Nevertheless, the defendant deceivings the victim as above and received 150,000 won from the corporate bank account (E) in the name of the defendant on the same day from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of G, H, I, J, K, L, M, N,O, P, D, Q and F

1. The Kakao Stockholm dialogue.

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