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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 2, 2016, around 09:00, the Defendant sells the CD-ROMs to the Defendant’s home of Gyeyang-gu, Incheon Metropolitan City C 309 Dong 701, and to the Internet NAVin, China, and China.
The phrase "after posting a letter, I would like to sell a CD if you transfer the price to the victim D who reported it.
A false statement was made.
However, the defendant did not have any intention or ability to sell money even if he received money from the injured party because he did not have the above objects.
As such, the Defendant, by deceiving the victim, received KRW 130,00 from the victim’s new bank account under the name of the Defendant on the same day, and acquired KRW 3,707,000 from around that time to January 30, 2017 by remitting KRW 24 times, such as the statement in the list of crimes in attached Table 1.
2. On January 22, 2017, the Defendant, at the place described in paragraph (1) on January 22, 2017, posted a letter stating that “The Defendant sold the oo-friendly Round through the Cuk-gu Round,” and then remitted the proceeds to E, the Defendant would sell the said goods.
A false statement was made.
However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to sell the above goods.
On January 23, 2017, the Defendant, by deceiving the victim, received 85,000 won from the victim to the new bank account under the name of the Defendant on January 23, 2017, and acquired 340,000 won in total from around that time to February 3, 2017 by transfer from the victims four times, such as the list of crimes in attached Table 2.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Each petition and statement of H, D, I, J, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AAB, AC, AD, AE, AE, and E, their authenticitys, and criminal reports and statements of AF;
1. Police seizure records;
1. A criminal investigation report (CCTV verification);
1.The laws and regulations governing the transaction of a new bank account in the name of each suspect, and that of a bank account in the name of F.