Text
A defendant shall be punished by a fine of 500,000 won.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. On March 18, 2011, the Defendant posted a false statement on the Internet NAVER Kaba “S mobile phone sales” bulletin board at the PC room in which the trade name in Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City is unknown. On March 18, 2011, the Defendant reported and contacted the above writing on March 18, 201, stating that “on deposit with money, the Defendant will send the goods to the first place.”
However, the defendant did not have the above galloned mobile phone so that he did not have any intention or ability to send a cell phone even if he received money from the victim.
As such, the Defendant, by deceiving the victim, received 350,000 won of the mobile phone price from the victim immediately, as a passbook (C) in the name of the defendant, and acquired it by fraud.
2. On December 29, 2011, the Defendant posted a notice on a “gallon S2 cellular phone” bulletin on the Internet Neneber Kaba” bulletin at the PC room where the trade name in the Seocho-gu Seoul Mapo-gu Seoul, could not be known. On December 29, 2011, the Defendant made a false notice to the victim D, who reported the above writing on December 29, 201, stating that “on deposit of money and send goods to the home page.”
However, there was no intention or ability to send a cell phone even if the defendant received money from the victim because he did not have the above gallon lusium S2 cell phone.
As such, the Defendant, by deceiving the victim, received 320,000 won of the mobile phone price from the victim as the agricultural passbook (F) in the name of No. 320,000 won.
Summary of Evidence
1. Each police interrogation protocol against the accused;
1. Each police statement concerning E and B;
1. Application of D’s written statements and written evidence Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of penalties for a crime (including selection of fines, criminal records, age, occupation, attitude of the accused, amount of damage, etc.);
1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.