A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, along with B and C, conspiredd to receive the price by deceiving that the goods are sold at the “time site” of the used goods transaction site.

On May 17, 2016, the Defendant: (a) received a request from C to post a fraudulent letter on the “openter” from the Seocheon-dong, Busan; (b) received a driver’s license certificate from B; and (c) posted a notice on the bulletin board of the “openter” and sent it to D who reported the fact that he/she sold Nowon-gu and mobile phone; and (d) delivered the goods on deposit and delivery to D.

“A false representation was made.”

However, the defendant, B, and C had no intention to send the goods even if they have received the payment from the injured party.

The Defendant, B, and C received 450,000 won from the injured party to the Agricultural Cooperative Account (E) in the name of B as the price for goods around 12:38 on the same day.

Accordingly, the defendant was given property by deceiving the victim in collusion with B and C.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the examination of suspect B (two times) of the police;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes (D);

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;