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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Attachment 2018 Highest 203-1] The facts charged in the case against B by the joint defendant at the time of the 2018 Highest 716-1
1. The Defendant and B jointly committed the crime of fraud with the Defendant, along with B, posted a false statement on the C’D bulletin board, which is a medium-sized goods transaction site, as if the Defendant sold an article to the victims who have reported the article, inducing them to commit the crime, and B provided information on the account number necessary for the crime and raised funds by the victims when the price of the article is deposited from the victims.
Accordingly, on December 2, 2017, the Defendant issued a false statement stating that “The Defendant would deposit KRW 890,000 to the G bank account in the name of B and send ten merchandise coupons to the new world by depositing KRW 10,000,000 for KRW 100,000,000,000 on the bulletin board “10,000,000,000,000 won” (hereinafter “B”).
However, there was no intention or ability to send the merchandise coupon even if the money is paid from the injured party because it did not have a merchandise coupon in the new world.
The Defendant, as above, by deceiving the victims with B, received KRW 89:27,00 from the victims to the said G bank account in the name of B on December 8, 2017, and from that time, by deceiving the victims through the above three times in total, as shown in the list of crimes in attached Form B until December 15, 2017, and received KRW 2,670,000 from the victims.
Accordingly, the defendant, in collusion with the victims, received property by deceiving them.
2. On December 18, 2017, the Defendant solely committed the Defendant’s fraud, posted a notice stating “100,000 won each of KRW 5,00,000 won of gift certificates and KRW 100,000,000,000,000,000 won,” on the bulletin board of “D” on the trading site of used goods at BD, and reported it to the victim I who contacted.