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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2016 Highest 1174"
1. On October 16, 2014, the Defendant, within the Defendant’s house located in the Busan Jin-gu C operation 502, around Busan, and on the NAV B bulletin board, sold D contact book.
“Before sending money to the victim E to purchase the above contact diskettes by posting a letter, and reporting this to the victim E who contacted for the purchase of the above contact diskettes.”
Note .
‘False speech' was made.
However, in fact, the defendant only thought that he received money for the purpose of selling the contact pockets and did not have any fact that he purchased the contact pockets. Therefore, even if he received money from the victim, he did not have the intention or ability to send the contact pockets.
Ultimately, the Defendant, as seen above, was accused of the victim, and received 320,000 won from the national bank account (F) in the name of the Defendant on the same day from the victim, and received a total of 6,041,000 won from the time to November 30, 2014, by deceiving the victims in total 20 times, such as the list of crimes (1) in attached Table 20 times from the time to November 30, 2014.
"2016 Highest 1610"
2. On January 26, 2016, the Defendant posted a notice to the effect that he sells merchandise coupons to the Internet NAVV and the country car page among the Internet NAV in the PC room in which it is impossible to know the trade name in Busan-dong Busan-dong, Busan-dong, and falsely stated that he would send merchandise coupons to the victim G who reported and contacted with it first, if he remitted the price to the victim G.
However, the defendant did not have the intention or ability to send merchandise coupons even if he received money from the injured party because he did not have merchandise coupons.
Nevertheless, the defendant deceivings the victim as above and transferred KRW 170,00 to the national bank account in H on the same day from the victim.
In addition, from around that time to February 27, 2016, the Defendant’s total sum of KRW 3,820,000 from 11 victims, such as the list of offenses (2) in the same manner.