Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In fact, the Defendant had no intention to deliver the pertinent goods, but intended to commit a crime of street gathering by receiving all or part of the price of the goods from the applicants for the purchase of the used goods, which was contacted through the Internet "Niberian car page," etc., which is a trading site of the used goods.
Accordingly, around October 26, 2014, the Defendant made a false statement to the effect that “The Defendant sells bicycle Hand items” posted on the “Road Handbook” website at the store in the Gangwon Yangyang-gun, which was located in the middle in a mutual influence, was “on deposit of KRW 50,000,000 to deliver bicycle hand items to the phone if the Defendant deposits KRW 50,000,000.”
As above, the Defendant, by deceiving the victim as above, received 50,000 won from the victim to the Agricultural Cooperative account under the name of the Defendant as the price for the goods on the same day, and acquired 2,460,000 won in sum from 12 victims as stated in the attached crime list by pretending to sell and deliver non-owned goods from June 24, 2014 to October 27, 2014, respectively, by means of pretending to sell and deliver them.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each written appeal and written statement;
1. Application of Acts and subordinate statutes on transfer, such as the receipt for the issuance of registration, details of entry and withdrawal, statement of transactions, results of transfer processing, inquiry of details of transactions, reply materials, certificates of confirmation, CCTV photographs, results of transfer management, CCTV photographs, written confirmations, response materials, each transaction details, text records, door-to-door photographs, etc.;
1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;