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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[200] On February 14, 2015, the Defendant: (a) requested the production of net gold scrap from the victim C to whom he/she became aware of in the course of conducting an Internet game; and (b) stated that “The Defendant would manufacture and send it by not later than February 14, 2015, to the victim by sending the cost of manufacturing it to KRW 3.6 million.”
However, in fact, the defendant thought that he would use the money received from the victim for the cost of living, so there was no intention to manufacture and send it.
Around February 8, 2015, the Defendant, by deceiving the victim, received 400,000 won from one bank account (Account Number D) in the name of the Defendant as the down payment from the victim, and acquired 3,20,000 won from the said account under the name of the Defendant on February 13, 2015.
[2015 Highest 2255] Around March 25, 2015, the Defendant posted a notice to the effect that “F,” which was linked to the Defendant’s account of the Defendant in Geumcheon-gu Seoul Geumcheon-gu, Seoul, 525 Dong 703, and “F,” which was linked to the Defendant’s account of the mobile phone fluorg, sells 14k, 18k, 24kgs, earbs, ears, and arms, etc.” on the website bulletin board of the Defendant’s “F,” and that, around that time, the Defendant said that “the Defendant will send brut to the Victim G who expressed the intention of purchase at least 220,000 won in cash, as 20,000 won in cash, and 7 days after the order.”
However, in fact, the defendant thought that he received money from the victim for personal purposes, so even if he received the price, he did not have the ability or intention to sell the sold goods.
On April 7, 2015, the Defendant, by deceiving the victim, acquired 200,000 won from the victim through a single bank account (D) under the name of the Defendant.
[2015 Highest 3688] On March 12, 2015, the Defendant posted a notice to sell smartphone flusium by accessing smartphone flusium at the lowest price. Around that time, the Defendant would pay KRW 275,00 by credit card to the victim H who reported and contacted it.