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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On September 30, 2014, the Defendant: (a) reported at the PC room located in the Songdong-dong, Gwangju, Gwangju, that “I want to purchase the LG LTE m” at the NAP bulletin board; and (b) contacted the victim D (the age of 48) who posted that article, thereby leading the victim to sell the mix as if he sold it; and (c) sent 50,000 won via m via m.”
However, in fact, the Defendant did not hold a mm, and did not intend to use it as living expenses with money as if he sold m, and even if he received money from the victim, he did not have the intent or ability to sell it.
As such, the Defendant, by deceiving the victim, received KRW 50,00 from the victim to the Gwangju Bank account (E) in the name of the Defendant on the same day, and acquired it by fraud. From January 26, 2014 to January 25, 2015, the Defendant received KRW 5,475,200 in total four times from January 26, 2014 to January 25, 2015 by the same method as the attached crime list 1, and acquired it by fraud.
2. On January 16, 2015, the Defendant want to purchase a Toluth (Physical Organization) sign at the PC room located in the Songju-dong, Gwangju Mine-gu. The Defendant said that “I will send a Toluth (Physical Organization) on his/her home if I wish to transfer KRW 380,000 to the victim F (the age of 47) who published the article to the effect that I wish to report to that effect, and contact with the victim F (the age of 47) who published that article.”
However, the Defendant did not have the Toller and did not intend to use the Toller as a means of living cost, and did not have any intent or ability to sell the Toller even if the Defendant received money from the victim.
As above, the Defendant, by deceiving the victim, received 380,000 won from the Gwangju Bank account (E) in the name of the Defendant on the same day from the victim, and acquired it by fraud.