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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around September 21, 2017, the Defendant posted a false statement stating that “The Defendant will send money first to the victim who had contacted with the victim C by accessing the Internet Lone Star Program to sell new shoes, etc.” (hereinafter “BO”) at a closed space of not more than Jeju on September 21, 2017.
However, even if the defendant receives money from the injured party, he/she did not have the intention or ability to send the goods normally to the injured party, as he/she wishes to use them in repayment
As such, the Defendant, by deceiving the victim, received 400,000 won from the injured party to the NongHyup Bank account (D) in the name of the Defendant as the sale proceeds, and received 6,030,000 won in total from 15 times from the above date and time to December 6, 2017, as shown in the list of crimes attached hereto, from 15 times in total.
The date and time No. 9 of the Crimes List No. 19 shall be amended from “17 November 20, 17 to “ November 19, 17)” (Evidence No. 49 pages). The date and time No. 15 shall be added “17. 7 December 7, 17.”
On November 20, 2017, the Defendant posted a notice to the effect that he/she would access the Internet website’s Lone Star Program and sell it, and made a false statement to the victim E who reported and contacted “to send money first.”
However, even if the defendant received money from the injured party, he was thought to use the money to repay the defendant's obligation, and there was no intention or ability to send the goods normally to the injured party
The Defendant, by deceiving the victim as such, was transferred KRW 270,00 to the NongHyup Bank (D) account under the name of the Defendant for the sale of goods on the same day from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement or petition of C, F, G, H, I, J, K, L, M, N, or E;
1. A full statement, etc. of transactions;