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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
The defendant did not have the intention or ability to sell the goods to the user who intends to purchase the goods at the sale site of the used goods, with the intention or ability to collect the money.
On July 2, 2013, the Defendant sent smartphones to the victim BX who reported and contacted the writing posted by the Defendant to the effect that “I want to sell jugal S3 smartphones” on the Internet NAV website around July 2, 2013, if you transfer KRW 1.80,000 to the victim BX.
‘Falsely speaking, it received 180,000 won from the victim to the national bank account in the name of the defendant on the same day, and acquired it by remittance from July 2, 2013 to July 9, 2013, and acquired the total amount of KRW 11,170,000 from the victims on seven occasions, such as the list of crimes in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol of statement of the BY and Z;
1. A written statement of BX, CA, CB,CC, and CD;
1. Application of each detailed Act and subordinate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Among concurrent offenders, many victims who have committed the same and similar crimes, such as the amount of damage caused by the crime of the same and similar Acts continuously and repeatedly, the amount of damage caused by the crime is low, the possibility of recovery from damage is low, the age of the defendant's family relationship, etc.