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(영문) 서울서부지방법원 2019.09.06 2019고단814
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

around June 16, 2018, the Defendant: (a) connected the victim’s mobile phone Budio in Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the clinic called “E” using the Defendant’s mobile phone equipment; and (b) falsely referred the victim F to “the victim F to be refunded KRW 1.8 million paid from theG.”

However, even if the defendant receives fees from the victim, he did not have the intention or ability to refund the money that the victim settled.

The Defendant received KRW 540,00 from the victim to H account in the name of the Defendant and received KRW 3,542,257 in total 15 times from the victims, from that time until February 10, 2019, including the transfer of KRW 540,00 from the victim.

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

On February 27, 2019, the Defendant posted a letter that “SP”, an item of “J” game, by using the Defendant’s smartphone at a place-free shop (hereinafter “2019 Highest 1537”), and then sold 11,000 SP to the victim K who contacted the Defendant.

However, since the defendant did not possess a game item, even if he receives the game item price from the victim, he did not have the intent or ability to sell the game item to the victim.

In addition, the Defendant received 25,300 won from the victim as the price for game items through the post office account in the name of the Defendant, and the same year from February 22, 2019.

3. By April 3, 200, a sum of KRW 177,300 was remitted from three victims as listed below:

Accordingly, the defendant was provided property by deceiving victims.

On February 22, 2019, the amount obtained by deceiving the victim of the temporary location by fraud is 110,000 won in the name of the production cost of the program by the French Game Holdings on February 27, 2019.

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