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(영문) 광주지방법원 2016.10.27 2016고단2002
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around May 6, 2016, posted a letter that he sells DNV car page from CPC bank located in Gwangju Northern-gu, Gwangju, and then sold 95,00 won to E if he reported and contacted the letter.

However, as the Defendant did not possess the game money, the Defendant did not have any intent or ability to sell the game money even if he received money from the victim. The Defendant, by deceiving the victim, and by deceiving the victim, wired KRW 95,000 to the account in the name of the Defendant to the Nonghyup Bank account in the name of the Defendant, under the pretext of the transaction of the game money. The Defendant, “2016Da3162,” published a notice on June 3, 2016, stating that “The Defendant sold DN’s game money from the CPC bank located in Gwangju Northern-gu B, Gwangju, and then sold KRW 179,00,00 to the victim F who reported and contacted, “The Defendant would sell the game money if he remitted KRW 179,00.”

However, since the defendant did not possess the game money, there was no intention or ability to sell the game money even if he received the money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 179,00 from the victim to the Nonghyup Bank account under the name of the Defendant as the transaction price for the game money, and acquired the total amount of KRW 96,000 from June 3, 2016 to July 21, 2016, as shown in the attached crime inundation table, and acquired it by transfer from the victims nine times from June 3, 2016 to July 21, 2016.

On January 16, 2016, the Defendant posted a letter “G website 2016No3530,000,000 won” on the “G website” bulletin, and fraudulently reported the letter and sent it to the victim H, who visited and reported it, “I will sell the game money if I remitted KRW 160,000 to KRW 1.6 million.”

However, since the defendant does not possess a game money, it is true that he receives money from the victim.

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