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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2012 Highest 1734]
1. On March 13, 2012, the Defendant reported to “E”, the Internet camera of used goods online (E), the victim F of which was 110,000 won, which was put on the victim F and that the Defendant would contact the victim and send one cell phone (E) to the victim in advance.
However, the fact is that the victim received the payment in advance from the victim and used it for living expenses, but did not have the mobile phone, so there was no intention or ability to sell the used mobile phone to the victim.
As such, the Defendant, by deceiving the victim, received 110,000 won from the Agricultural Cooperative Account under the name of the Defendant as the price for goods on the same day.
As above, the Defendant received 1,270,000 won in total from 10 times, including by deceiving the victim and receiving property from the time to March 27, 2012, as shown in the attached Table of Crimes (1) in the same manner as the victim F, etc., from around 10 times in total.
[2012 Highest 1785]
2. On April 23, 2012, the Defendant reported on the writing that the victim I purchased the Internet Carbook (E) from the Defendant’s house located in Seojin-gu, Seojin-gu, Jeondong-gu, Seoul, on the part of the Defendant’s house, and confirmed the victim to contact with the victim, and sent KRW 100,000,000 of the price of the wall back to the Defendant’s house without a door-to-house mold.
However, in fact, since the victim was paid in advance by the victim and was thought to use it as the cost of living, and did not have a wall, there was no intention or ability to send the wall to the victim.
The Defendant, at around April 23, 2012, transferred KRW 100,00 from the victim to the bank account (Account Number:J) in the name of the Defendant on April 23, 2012, as well as from around that time to July 21:2, 2012 by the aforementioned method.