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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around March 20, 2018, the Defendant posted a letter “to sell Aphone X mobile phone” on the Internet B website at Ophone (hereinafter referred to as “Aphone X”) and falsely read that “to send goods if you transfer KRW 840,000 to 8,000.”
However, in fact, the Defendant did not have a cellular phone at the time and was thought to use the money for gambling and living expenses, etc. from the victim, and therefore, the Defendant did not have any intention or ability to sell the goods to the victim from the beginning.
As above, the Defendant, by deceiving the victim as above, received 840,000 won from the victim through a bank account (E) in the name of the Defendant on the same day from the victim, and acquired 4,830,000 won in total from five victims by the same method from around that time to April 16, 2018, as indicated in the crime sight table.
On October 17, 2018, the Defendant: (a) posted a false sales statement on Internet FG car page stating that “The sale of the TG PC is made; (b) reported the false statement to the victim H that “the delivery of the price would be made; and (c) received KRW 100,000 from the victim to the DF bank account in the name of the Defendant, and acquired the false statement from the victim.”
Around March 20, 2018, the Defendant posted a notice on the F G site stating “I will sell Aphone X 64 in fact,” and falsely read “I will send the goods if I remitted KRW 740,000 to I.
However, in fact, the Defendant did not have a cellular phone at the time and was thought to use the money for gambling and living expenses, etc. from the victim, and therefore, the Defendant did not have any intention or ability to sell the goods to the victim from the beginning.
As above, the defendant deceivings the victim and belongs to it.