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A defendant shall be punished by imprisonment for not less than five months.
The defendant shall take money 295,00 won by deceit to B who is an applicant for compensation, and C who is an applicant for compensation.
Reasons
Punishment of the crime
[2013 Highest 2686] The Defendant, on May 26, 2013, was able to sell goods on or around 2013, and the Defendant did not have “gallonno No. 10.1” and did not have an intent or ability to send goods even if he/she received the price. As such, the Defendant was transferred KRW 305,000 from the victim’s bank (K) under the name of the Defendant on the same day to the Defendant’s bank account in the name of the Defendant when accessing the Internet car page I and selling “gallon No. 10.1” and then sending KRW 305,000 to the victim’sJ contacted with the mobile phone by account transfer.
In addition, from May 26, 2013 to August 6, 2013, the Defendant: (a) by deceiving victims on ten occasions in the same manner as indicated in the attached Table 1 of Crimes List 1; (b) received KRW 2,880,000 in total from the said national bank account or the agricultural bank account under the name of the Defendant; (c) from May 21, 2013 to July 8, 2013, the Defendant received KRW 3,724,000 in total from the national bank account (M) under the name of the Defendant by deceiving victims over 13 times, as indicated in the attached Table 2 of Crimes List 2 from May 21, 2013 to July 2013.
(At the same time, the victim J, 1 of the annexed Table 1, stated the amount of damage at an investigative agency to KRW 306,000,000, but the above list of crimes is written in KRW 305,000) thereby deceiving the victims through a total of 23 times, thereby deceiving the victims in total.
[2013 Highest 2969] The Defendant, who did not have a hick 4 that can be sold on August 5, 2013, did not intend or have the ability to send the goods even if he received the price. As such, the Defendant, who visited the Internet hick I from the PC located in Kimhae-si to sell the hick 4, and then sent 360,000 won to the victim N who contacted with the mobile phone to the account transfer.