Text
Defendant shall be punished by a fine of 600,000 won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
1. Around October 2, 2016, Defendant 1915, posted a letter stating, “as of October 2, 2016, in the Suwon-gu, Suwon-gu, Suwon-si, B residential area, Defendant 2:2:05, on the website, “as of October 2, 2016, selling the main body of the computer (i5 6500)” on the website, and said letter would be false to send the main body of the computer to the victim who reported the above text.
However, the defendant did not have the intention or ability to send the body of a computer even if he/she has received 300,000 won from the injured person.
Nevertheless, the Defendant received 300,000 won from the damaged party to the bank account in the name of the Defendant.
2. Around September 4, 2016, Defendant 2017, posted the Defendant’s residence in Suwon-si, Suwon-gu, Suwon-si, and 201, a false statement stating that “The sales of Switzerland-based computers shall be made” on the Internet NAV and a national website, and reported to and contacted the victim E, stating that “the remittance of money will be sent.”
However, the Defendant did not have the goods at the time of sale, and was thought to use the goods for living expenses with the money from the injured party, so there was no intention or ability to sell the goods to the injured party from the beginning.
Nevertheless, the defendant deceiving the victim as above and transferred 350,000 won to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.
Summary of Evidence
1. The interrogation of each police officer of the accused;
1. A written statement of F and E;
1. A detailed statement of the closure data, such as evidence and conversation, and deposit;
1. Application of Acts and subordinate statutes to search and seizure warrant and reply data (applicable mutatis mutandis to financial accounts);
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of punishment: Selection of a fine;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;