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A defendant shall be punished by imprisonment for not more than ten 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
[2017 Highest 256]
1. On December 27, 2016, the criminal defendant against the victim B sold the victim B, through the Korean website, the victim B, in Gwangju-si, B 402, a residence of the criminal defendant, “three Vins Vines Vines Vines,” under the Korean website.
However, the defendant did not have any intention or ability to deliver the article even if he received money from the injured party because he did not have the above article.
Nevertheless, the Defendant, by deceiving the victim, received 45,000 won from the victim of the same day to the bank account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 28, 2016, the Defendant made a false statement that he/she sold “the Victim D” through a foreign website at the Defendant’s residence as indicated in paragraph 1 of the same Article.
However, the defendant did not have any intention or ability to deliver the article even if he received money from the injured party because he did not have the above article.
Nevertheless, the Defendant, by deceiving the victim, received 45,000 won from the victim’s bank account under the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
3. 피해자 E에 대한 사기 피고인은 2016. 12. 28. 경 제 1 항 기재 피고인의 주거지에서 피해자 E에게 네이버 중고 나라 사이트를 통해 ' 아이 팟 셔 플 레드 '를 판매한다고 거짓말 하였다.
However, the defendant did not have any intention or ability to deliver the article even if he received money from the injured party because he did not have the above article.
Nevertheless, the Defendant, by deceiving the victim, received 40,000 won from the victim of the same day to the bank account under the name of the Defendant.
Accordingly, the defendant deceivings the victim to deliver property.