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A defendant shall be punished by imprisonment for fifteen years.
Reasons
Punishment of the crime
[2017 Gohap 180]
1. Fraud;
A. The Defendant, under the pretext of investment funds in the game item sales business, sold the items to the Defendant through a transaction site, such as items, which he/she acquired while carrying out an Internet game, such as a game item sales business. The Defendant, along with the victim D, who became aware of only at the camping club C, a camping club, was going to walk together with his/her husband or wife, or had drinking houses. From May 2015, he/she sold items by the Defendant from around May 201, to the victim, “ he/she had a house installed at the house where he/she had a house so far, but he/she was now doing so, at the present.” The Defendant obtained items by carrying out a variety of game accounts in a lump sum after having a computer installed at the above workplace.
In addition, an investment made a false statement to the victim, who had an interest in the above game item sales business, by means of text message, etc. at the defendant's house, 306 Dong 712, Nam-gun E-gun, Nam-gun, Seoul, around August 2015, stating that he/she may additionally install a computer and sell a larger number of items, and then purchased a computer with such money, acquired a new employee's game to sell it, and then sold it to the victim, who would have an interest in the above game item sales business.
However, at the time of fact, the Defendant did not engage in the above game item sales business, was thought not only to have been working place, but also to be used for other purposes, such as living expenses, by receiving investment money from the injured party, and did not have any intent or ability to reduce the profit, even if he did not receive investment money from the injured party due to no particular property or occupation.
Nevertheless, the defendant deceivings the victim as above and caused the damage to the post office account (F) in the name of the defendant on August 11, 2015, and KRW 10 million on August 17, 2015, and the same month.