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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
Around January 14, 2020, the Defendant posted a sales letter stating “T” on a bulletin board by accessing the Internet “C” website at the Defendant’s residence located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and selling Lot G533 radio hedges.”
However, the defendant did not possess the above goods and did not have the intention or ability to normally send the goods even if he receives the payment from the victim.
The Defendant posted the above writing, and received KRW 52,50,00 from the victim D as the price for the goods in the border, and received KRW 52,50 from the victim E-cooperative account in the name of the Defendant, and received KRW 1,060,000 in total nine times from that time to March 26, 2020 as shown in the attached crime list.
Accordingly, the defendant deceivings the victims to acquire the total amount of KRW 1,060,000 from the victims.
The Defendant, around March 17, 2020, posted a letter stating that “The Defendant shall sell LoT G533 radio hedges” by accessing the Internet CKato, using a computer, at the Cheongju-si, Cheongju-si, Cheongju-si, and then deliver the goods if the Defendant transfers KRW 70,00 to G who reported and contacted with the Defendant.
‘A false statement' was made.
However, the defendant did not possess the above goods and did not have the intention or ability to normally send the goods even if he receives the payment from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, acquired 70,000 won from the victim to the E-Union account (H) in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. I, J,K, L, D, M, N,O, P, and G's written complaints and statements;
1. Application of the Acts and subordinate statutes to the Q Bank correspondence details, conversation details, and transfer details;
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.