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Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
[Criminal Power] On April 24, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and three months at the Daegu District Court for fraud and for the same year.
5.2 The judgment became final and conclusive.
【Criminal Facts】
피고인은 2014. 4. 6. 서울 양천구 목동 이하 불상지에서 피해자 E이 “핸드폰을 구입한다”라고 채팅 애플리케이션인 ‘즐톡’에 올린 글을 보고 연락하여 “갤럭시 노트1을 10만 원에 팔겠다”고 거짓말을 하였다.
However, the defendant did not have any intention or ability to sell mobile phones.
As above, the Defendant, by deceiving the victim, received 100,000 won from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A certificate of details by member trading account;
1. A copy of bankbook;
1. Previous convictions: References to criminal records, court rulings, and application of Acts and subordinate statutes concerning search of cases;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;