A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to a suspended sentence of 6 months in the Chuncheon District Court on November 28, 2013 for occupational embezzlement, etc., and the said judgment became final and conclusive on December 6, 2013.

【Criminal Facts】

피고인은 2011. 10. 27.경 성남시 분당구 이하 장소를 알 수 없는 곳에서, 그 곳에 설치된 컴퓨터를 이용하여 인터넷 다음의 ‘C’이라는 카페에 접속한 다음 ‘미래광장 장터’ 게시판에 ‘LG 3D 노트북을 700,000원에, 똑딱이 디지털카메라를 100,000원에, 전자레인지를 30,000원에 판매한다’라는 내용의 글과 함께 위 노트북과 디지털카메라를 촬영한 사진을 게재한 후 이를 보고 연락한 피해자 D에게 “노트북을 650,000원에 판매하겠다. 돈을 송금해 주면 노트북을 배송해주겠다”는 취지로 거짓말을 하였다.

However, the Defendant did not have the intent or ability to deliver the North Korea to the victim even if the Defendant received the payment of the purchase price of the North Korea from the victim due to the malfunction in the course of delivery to the victim.

The Defendant, by deceiving the victim as above, received 400,000 won from the victim under the name of the Defendant for the purchase price in Nowon-gu on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The statement of the victim prepared and sold;

1. The certificate of transfer of Internet banking;

1. Previous convictions indicated in the judgment: Before disposition, results of confirmation, copies of indictment, application of the Acts and subordinate statutes concerning the defendant's statutory statement;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was a previous conviction in sentencing of Article 334(1) of the Criminal Procedure Act, the first head of the judgment was judged simultaneously with the crime of occupational embezzlement for which the judgment of first head of the judgment became final and conclusive.