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(영문) 서울남부지방법원 2019.06.27 2018고단6833
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 454,00 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

[criminal power] On August 2, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Southern District Court for a period of eight months, and on August 9, 2017, the same court was sentenced to one year of imprisonment with prison labor for fraud at the same court on September 14, 2017, and the said sentence became final and conclusive on September 14, 2017, and the execution of the said sentence was terminated on July 28, 2018.

【Criminal Facts】

On October 3, 2018, the Defendant posted a false statement stating that “The Defendant will sell game money” by accessing DC and the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, and the first floor. The Defendant sent a false statement to the victim E, who contacted E, stating that “I will sell game money if you send the transaction price.”

However, at the time of fact, the defendant did not have the intent or ability to transfer the game money to the victim even if he received the payment for the transaction of the game money from the victim, and was used as personal living expenses.

As above, the Defendant, by deceiving the victim as above, received 160,000 won from the F Bank Account (Account Number: G) in the name of the Defendant at around 12:33 on the same day from the victim, and from November 9, 2018 to the above method.

1. The victims received total of KRW 4,733,300 from the victims over 12 occasions, such as the statement in the list of crimes.

Accordingly, the defendant was provided property by deceiving the victims.

On November 7, 2018, the Defendant “2019 Highest 2004” reported the content that “H, a Internet game site, is connected to the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government C and the first floor, and the victim I purchased the game money” prepared on the bulletin board, and made a false statement that “I would sell the game money if you send the sales price.”

However, the defendant did not possess a game money at the time, and was a game money from the victim.

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