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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On September 1, 2016, the Defendant was sentenced to imprisonment of one year and two months for habitual fraud in the Youngju District Court’s Youngdong Branch, and completed the execution of the sentence in the Youngju Prison on August 12, 2017.
On August 29, 2017, the Defendant stated that “The 2018 Highest 102 Defendant would deposit money with the victim D using smartphones to sell beer North Korea, and that “the 2017 Highest 102 Defendant would send beer back to beer upon deposit of money.”
However, since the Defendant did not have her connection North Korea, even if he receives money from the injured party, he/she send her connection North Korea.
there was no intention or ability to act.
The Defendant, as such, by deceiving the victim, received KRW 1.1 million from the victim’s account (F) in the name of the Defendant from the victim, and received transfer of KRW 1.1 million from that time to September 6, 2017, from the victims, as shown in the list of crimes in the attached Table, from September 6, 2017.
Accordingly, the defendant was informed of the victims and received property from the victims.
The Defendant, on September 2017, 2017, posted the Defendant’s house located in the north-gu Seoul Metropolitan City building H of the building G in the Gyeong-gu, Daegu Metropolitan City, on the Internet bulletin board “I” and sent the Defendant’s report to the victim J who visited the Defendant “as soon as he deposits money.”
“.....”
However, even if the Defendant did not have the above “Macbuk” and received money from the injured party, the Defendant did not have any intent or ability to send the said “Macbuk”.
Nevertheless, on September 27, 2017, the Defendant deceivings such deception and transferred KRW 1,000,000 to the K bank account (Account Number: L) in the name of the Defendant around September 27, 2017, as the price for goods from the damaged party.
Summary of Evidence
"2018 Highest 102"
1. Statement by the defendant in court;
1. Each statement of M, N,O, P, Q, R, D, and S;
1. A certificate of transfer, a statement of transfers, a statement of dialogues, a statement of dialogues, and a statement of transfers.