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Defendant
A shall be punished by imprisonment for four months, by a fine of 4,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[criminal record] On January 20, 2017, Defendant A was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on February 1, 2017, and the judgment became final and conclusive on February 1, 2017.
[2017 Highest 64; Defendant A] posted a false statement with F and B stating that the goods are sold by accessing the Internet NAVV to a foreign car page, thereby acquiring sales proceeds from many victims, and soliciting to use them for committing a crime by purchasing a passbook to receive remittance of sales proceeds.
1. Around June 6, 2016, the Defendant posted a false statement to the effect that “the Defendant would sell the kickboard” by accessing the above B and the above B and selling the kickboard, and the Defendant reported it to the effect that “the Defendant would first send the said kickboard to the victim G who visited him.”
However, at the time, there was no intention or ability to send money even if the defendant did not possess the above objects and received money from the injured party.
Nevertheless, the defendant deceivings the victim as above and transferred KRW 115,00 to the Daegu Bank Account under H on the same day from the victim.
In addition, from around that time to August 5, 2016, the Defendant received a total of KRW 1,920,000 by the same method eight times, such as the list of crimes in the attached Table.
Accordingly, the defendant was provided property by deceiving the victims in collusion with the above F or B.
2. On April 2016, the Defendant violated the Electronic Financial Transactions Act in collusion with the foregoing F and kept 300,000 won via I for the purpose of using it for a crime committed by around the same day, and kept cream cards connected to the Daegu Bank Account under H’s name.
Accordingly, the Defendant, in collusion with the above F, kept access media for the purpose of using it.
[2017 Highest 1708; Defendants 1708] The names, telephone numbers, IDs, and passwords, etc. necessary to access the Internet NAV online website.