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(영문) 서울남부지방법원 2015.11.11 2015고단1554
사기
Text

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

Reasons

Punishment of the crime

[2015 Highest 1554]

1. On July 24, 2014, around 08:51, 2014, the Defendant: (a) received money from another person on the Internet as the sale proceeds of the block from D Park located in Jung-gu Seoul, Jung-gu, Seoul; (b) on July 24, 2014, the Defendant made a false statement that he/she would sell the right to use the block to the victim F via the Kakao Stockholm message even if he/she did not have any intent or ability to sell the block; and (c) on July 24, 2014, the Defendant acquired a pecuniary benefit equivalent to KRW 400,000,000 from the victim via the Kakao Stockholm message.

2. On August 6, 2014, the Defendant, around August 22:37, 2014, received money from the “EPC bank” near the D Park located in Jung-gu Seoul, Jung-gu, Seoul, from another person on the Internet, the Defendant falsely stated that he/she would sell the right to use the Kakakao messages even if he/she did not have any intent or ability to sell the Kakao messages on the Internet. Accordingly, the Defendant received money from the victim to transfer KRW 500,000,000 from the victim on August 7, 2014.

[2015Kadan2054] The Defendant, at a place where it is not possible to know the place around July 20, 2014, sold Blolouses, which was operated by the Defendant, by accessing the Internet “Bana” website, to the victim H, if he deposits KRW 500,000 to the victim H.

(J) receive the transfer of KRW 500,000 to the account (J) in the name of the I, and

9. Around 25.20,000 won was transferred in total to the bank account (L) in the name of K with the same name.

However, even if the defendant received money from the victim without any intention to sell the blog and received money from the victim, he did not intend or have the ability to sell the blog even if he received money from the victim, such as immediately changing the password.

In this respect, the defendant deceivings the victim and belongs to him.

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