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(영문) 인천지방법원 2018.06.28 2018고단3446
사기
Text

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

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

1. On December 22, 2017, the Defendant sold the Kakao online 3 game account to the Kakao Stockholm at a Kakao site.

“If a person makes a prior entry, he/she shall give the ID and password of the account to the victim B who reported and contacted the same.”

‘False speech' was made.

However, even if the defendant received money from the injured party, he did not have the intention or ability to transfer the game account.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 70,000 from the victim’s account in the name of the Defendant from the victim; and (c) received a total of KRW 2,006,000 from the 12 victims as shown in the list of crimes in the attached Table.

2. On March 5, 2018, the Defendant posted a letter stating that “I sell Nice M Game Account,” which is an Internet game site, “I will sell the game account at KRW 2.70,00,00” to the victim D who contacted with the Defendant.

However, since the defendant did not actually hold the game account at the time, even if he received money from the injured party, he did not have the intent or ability to sell the game account to the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired 270,000 won through the account (Kakao Bank C) in the name of the defendant on the same day from the victim.

3. On March 17, 2018, the Defendant posted a letter stating that “I sell Li M Game Account,” which is an Internet game site, “I will sell the game account for KRW 2.50,00,00” on the Internet game site. The Defendant reported this and told the victim E who contacted with it that “I sell the game account for KRW 2.50,00.”

However, since the defendant did not actually hold the game account at the time, even if he received money from the injured party, he did not have the intent or ability to sell the game account to the injured party.

Nevertheless, the defendant deceivings the victim as above.

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