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A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than one year and six months for the remaining crimes, respectively, as set forth in paragraph (1).
Reasons
Punishment of the crime
[criminal power] On May 2, 2019, the Defendant was sentenced to a suspended sentence of three years for fraud at the Jeju District Court on one year and six months, and the judgment became final and conclusive on May 10, 2019.
【Criminal Facts】
1. "2019 Highest 719";
A. On July 27, 2018, the Defendant sent money to the F Bank Account in the name of E by accessing “BC” and making a false statement to the victim by visiting “BC” and making the victim contact.”
However, the Defendant stated that he would pay the sales proceeds to E while he wanting to purchase the game money from E, and the victim transferred money to the F bank account under the name of E, he would have been able to do so as if he remitted the sales proceeds and to acquire the game money, and even if he did not have the game money at that time, he did not have the intent or ability to pay the money to the victim even if he remitted the sales proceeds.
The Defendant, by deceiving the victim as above, caused the victim to remit KRW 144,00 to the F Bank Account (G) in the name of E, and received from E the game money (2.4 billion) equivalent to KRW 144,00,00 from E, and acquired the pecuniary benefits of the same amount.
B. On September 2, 2018, the Defendant posted a false statement to the JPC Bank located in Jeju City I, and to sell game money by linking B, “C,” and reported the false statement to the victim K who visited the victim K by “I would send money to the M account in the name of L.”
However, the Defendant stated that he would pay the sales proceeds to L while purchasing the game money from L, and the victim would like to do so if he remitted the money to L’s M account under the name of L, and would have been able to acquire the game money as if he remitted the sales proceeds, and even if he did not have the game money at the time, he did not transfer the sales proceeds.