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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On April 17, 2018, the Defendant, on the Internet B website, posted a false statement to the effect that “G mobile coophone is not an intention or an ability to sell an admission ticket,” and fraudulently received KRW 58,000 from the damaged party to receive money from the J bank account (K) in the name of I on the same day.
2. On March 26, 2018, at around 07:13, the Defendant posted a notice to the effect that he/she sells Lcoophones by accessing the cell phone from Incheon Gyeyang-gu apartment BY to Internet OB, and then, reported the notice to the victim B Z, “on deposit money first” to the victim B Z.
5. 16. Up to 16. To provide 10 L coffees and coophones available.
“False speech” was made.
However, the defendant did not have the intention or ability to sell effective weather containers to the victim.
Therefore, the Defendant had by deceiving the victim as above and transferred KRW 35,00 to the F bank account in the name of Q Q as designated by the Defendant on the same day from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement concerning the BZ;
1. A BW statement;
1. Application of Acts and subordinate statutes to the account transfer statement and the written statement of BZ;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 and Article 50 of the same Act / [the scope of recommending punishment] No person who does not have [the person who is subject to special sentencing] [the extent of damage] [the degree of damage, the amount of damage to the victim B] is minor, the amount of damage to the victim B was repaid, the amount of violation is against, the amount of punishment is being imposed at the same time as the case currently being admitted, and a sentence which is lower than the scope of sentencing for recommendation is imposed in consideration of equity