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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
On April 26, 2017, 2017, 2902, the Defendant, at around 20:53 around 20:53, at the Defendant’s residence located in Busan Metropolitan City C 202, access to the Internet Nene’s website and sell Aphone 7 lives.
The phrase “to send 7 opphones upon deposit of money” was written on the part of the victim D who reported and contacted it.
However, the defendant did not have the above mobile phone at the time and did not have the intention or ability to send the mobile phone even if he received the money from the injured party.
The Defendant, as above, by deceiving the victim, received KRW 600,000 from the victim to the Agricultural Cooperative Account (E) in the name of the suspect on the same day from the date of transfer from the victim, and acquired the total amount of KRW 1,240,000 from the victims three times in total, such as the previous list of crimes (1) to the 29th day of the same month.
On April 20, 2017, the Defendant posted a false statement to the effect that “The Defendant will send a cell phone to the victim F who sent money to the said Defendant’s residence by accessing the Internet NAVber’s website to sell a cell phone.” The Defendant reported and sent a false statement to the victim F who sent money to the said Defendant.
However, the defendant did not have the above mobile phone at the time and did not have any other plan to obtain and deliver it, so there was no intention or ability to send the mobile phone even if he received money from the injured party.
As above, the Defendant: (a) received 380,000 won from the victim to the new bank account (Account Number H) in the name of G on the same day from the victim; and (b) received the total amount of KRW 3,590,000 from the victims nine times in the same manner as the previous crime list (2) from May 19, 2017; and (c) received the remittance of KRW 3,590,000 in the same manner as the previous crime list (2).
around April 26, 2017, the defendant of "2017 Highest 3918" refers to the Internet server at the residence of the above defendant.