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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1.『2019고단100』 피고인은 2018. 12. 31. 23:00경 안동시 C 소재 ‘D PC방’에서, E 오픈채팅방에 ‘에어팟 팝니다.’라는 제목의 1:1 대화방을 개설한 후, 이를 보고 연락한 피해자 F에게 ‘145,000을 선입금하면 에어팟을 보내주겠다.’라고 말하였다.
However, the defendant did not possess the above goods at the time and did not have the intention or ability to send the above goods even if he received the above money from the victim.
The Defendant received KRW 145,00 from the victim’s G account (H) in the name of the Defendant, from that time until January 31, 2019, the Defendant received KRW 670,500 in total from the victims by the same method five times in the same manner as indicated in the attached crime notification statement.
Accordingly, the defendant was provided property by deceiving the victims.
2. The Defendant, on February 8, 2019, up to 2019, up to 30,000 won, posted a letter stating that “The Defendant shall access the J Game Account to I by means of a computer at the PC room in which it is difficult to know the trade name in the Andong-si on February 8, 2019, and sell J Game Account to 30,000 won.” The Defendant will first transfer money to K with the victim who reported and contacted this article.
"......"
However, even if the defendant receives money from the victim, he did not have the intention or ability to transfer the J Game Account to the victim.
The Defendant, by deceiving the victim as above, received 30,000 won from the victim to the L account (M) in the name of the Defendant on the same day and acquired it by defrauded.
3. "2019 Highest 177";
A. On August 12, 2018, the Defendant posted a letter stating that “The Defendant would transfer 30,000 won to the game account if he sent KRW 30,00,000” to the victim who visited Q, by accessing the computer to the Defendant’s residence in the building of Ansan-si and Pho Lake-si, and by accessing Qu-si to the Defendant’s residence.
However, the defendant money from the victim.