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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【2017 Highest 2617】
1. Fraud;
A. On June 25, 2017, the Defendant sent a Kakao Stockholm message to the effect that the victim E sells the F Kafin’s “F 01 server-based 01 server-based 402” at the Defendant’s residence located in Seocheon-gu D 101 and 402 on June 25, 2017.
However, there was no intention to pay the price promised even if it was transferred to the account of the victim.
Accordingly, the Defendant: (a) by deceiving the victim as above; (b) obtained the financial benefits equivalent to the same amount from the victim, by taking over M’s account at the market price of KRW 500,000,000 from the victim.
B. Around June 27, 2017, the Defendant sent a Kakao Stockholm message to the effect that the victim C would sell the F Kafin’s account at the place indicated in the above “1. A” around June 27, 2017.
However, there was no intention to pay the price promised even if it was transferred to the account of the victim.
Accordingly, the Defendant, by deceiving the victim as above, received from the victim, the amount of money equivalent to KRW 550,000,000 in the market value from the victim, and acquired pecuniary benefits equivalent to the amount of money.
(c)
The Defendant committed the crime on June 28, 2017 indicated in the above “1-A” clause in around June 28, 2017 as “victim G,” but the record reveals that “victim G” was obvious and correct without changing the indictment.
The Kakao message was sent to the effect that the Kakao message was sent to the effect that the Kakao message was sold to the F Kapet, and that the Kakao message was purchased.
However, there was no intention to pay the price promised even if it was transferred to the account of the victim.
Accordingly, the defendant deceivings the victim as above, and is in a position equivalent to the market price of one million won from the victim.