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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall pay 75,00 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[200Kadan50] On September 17, 2019, the Defendant posted a false statement to the effect that “PS4 PTRO is to sell PS4 PTRO by accessing D’s “D” camera offered by the Internet site P,” and that “the victim Q Q, who reported and contacted the above writing, will first deposit money, send the money to the phone.”
However, in fact, the Defendant did not possess the above goods and was planned to use them as illegal sports gambling money and living expenses, etc., and thus, there was no intention or ability to deliver the goods even if the Defendant received the price for the goods from the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 310,000 from the victim as the price for the goods on the same day from the victim, in the name of his father R, and acquired the total of KRW 654,000 through eight times from around that time to December 16, 2019, as shown in the annexed Crime List (1).
[205] Around March 12, 2019, the Defendant entered into a sales contract with the victim company and the defendant to purchase the victim company and the defendant from the victim company for the purpose of purchasing the victim company 3,58,000 won at the market price on 60 occasions each month, in the Defendant’s residence located in Yongsan-gu U.S., Yongsan-gu, U.S., in order to contact the victim company’s non-indicted employees with the victim company’s name, and to purchase the victim company and the defendant from the victim company for 3,58,00 won through the Internet.
However, in fact, the defendant had no intention or ability to pay installment payments by selling the said drying machine at a low price to another person.
As such, on March 31, 2019, the Defendant deceivings employees from the victim company to deliver the said drying machine to the X’s residence in Gangseo-gu Seoul Metropolitan City, a place where the Defendant sold and installed the said drying machine after concluding the said contract.