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A defendant shall be punished by imprisonment for not more than ten 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
In collusion with B, around December 2015, the Defendant had the intent to deceive the victims by deceiving them as if they sell a portable phone at the “Ostrecker” of smartphones. B provided the Defendant with the passbook of the national bank account (Account Number C) to receive a remittance of his resident registration certificate, the price of goods, and smartphone (D) to communicate with the victims, and the Defendant conspiredd to deceive the victims by using the passbook or text messages.
Defendant 1 using smartphones received from B on December 20, 2015 in accordance with the foregoing conspiracys as follows: “I sell gallon jum jumopon to “B” on the gallon.
The phrase “I wish to send handphones to the victim E who reported and contacted the advertisement,” and the phrase “I wish to send handphones to the victim E who sent money to the National Bank B Account C.”
However, the defendant and B did not have the intention or ability to sell the portable telephone system.
Nevertheless, the Defendant, in collusion with the victim E, by deceiving the victim E, received KRW 80,00 from the victim E to the above national bank account in the name of the victim E, and by deceiving the victims through the above method 26 times from around that time to January 31, 2016, as stated in the list of crimes in the attached list of crimes, and acquired the total amount of KRW 1968,00 from the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocol concerning the examination of suspect B by the prosecution;
1. Each police statement made to F and G;
1. Each statement in the preparation of E, H, I, J, K, L, M, N, P, Q, R, T, U, V, W, X, Y, Z, AAB, AC, and AD;
1. Each written confirmation of the results of transfer, each statement of transfer confirmation, each written inquiry of the results of transfer, each statement of deposit transaction, each statement of deposit transaction, each statement of deposit transaction, deposit statement, deposit transaction statement, deposit transaction statement, deposit transaction statement, deposit transaction statement, account statement, account statement, and each statement of account.