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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2016 Highest 724"
1. On August 13, 2016, the Defendant: (a) connected the Defendant’s mobile phone at an insular location to the “open gate” column using the Defendant’s mobile phone; (b) made a false statement to the effect that “the Defendant would sell 2.10,000 won of age knives; and (c) reported this to the victim D who visited the Defendant, “The Defendant would immediately send knives to knives on the face of the transfer of KRW 2.10,00 won.”
However, the defendant did not have the above believers, and even if he received the price for the goods from the injured party, he was thought to use it as hospital expenses, living expenses, etc. of female-friendly women living together, so there was no intention or ability to send the goods to the injured party from the beginning.
Nevertheless, the Defendant, as seen above, received KRW 2,10,00 from the victim to the account in the name of the Defendant in the name of the Nonghyup Bank (E) and received transfer of KRW 2,10,00 from the victim to October 1, 2016, a total amount of KRW 6,55,00 in the same manner, such as the list of crimes in the attached Table, from the victim of the total amount of KRW 8,55,00, from the victim.
"2016 Highest 787"
2. On September 8, 2016, the Defendant made a false statement that “The Defendant would immediately deliver Oral Ba to the victim F, who reported and contacted 400,000 won by accessing the Defendant’s mobile phone to the “router” column using the Defendant’s mobile phone, and by inserting a notice to the effect that “I will sell one Oral Ba,” the Defendant would sell one Oral Ba to the victim F.
However, the defendant did not have the above Oralba, and even if he received the money from the injured party, he thought that it would be used as living expenses, etc., so there was no intention or ability to send the money to the injured party from the beginning.
Nevertheless, the defendant deceivings the victim as above and thereby, 40,000 won under the name of the defendant to the account (E) in the name of the defendant.