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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 1121]
1. On or around December 20, 2011, the Defendant, at the PC room where it is difficult to identify the trade name located in areas below the regions such as Busan and Changwon, etc., sells the Internet NAVV Span Span Span Holdings to the Internet NAC.
‘I will send the goods to the victim C who has reported and contacted this article by posting a letter to the victim C.
“The meaning was “...”
However, at the time, the defendant did not possess the above goods and did not intend to send the goods even if he received the payment from the victim.
The Defendant, as such, by deceiving the victim, received KRW 565,00 from the victim to the national bank account in the name of D on the same day, and thereafter received KRW 5,424,00 from the total of 21 times until April 16, 2012, including the statement in the list of crimes in attached Table 1.
2. Violation of the Electronic Financial Transactions Act;
A. On December 20, 201, the Defendant acquired the means of access by putting D KRW 120,000 in return for the transfer of passbook to D and putting D’s account of a national bank (E) and check-up.
B. On January 10, 2012, the Defendant: (a) received the means of access by using the passbook and the check card from the Agricultural Cooperative Account (F) in return for the transfer of passbook to the said D; and (b) obtained the means of access by using the passbook and the check card in the name of D.
C. On April 12, 2012, around 14:00, the Defendant acquired the means of access by putting 1.20,000 won in return for the transfer of passbook to G and the passbook and cash card in the National Bank Account (H) in the name of G.
[2015 Highest 196]
1. On March 6, 2012, the Defendant posted a notice stating that “galgal lusium shall be sold” by accessing Internet NAVVacinack, in a remote room where it is difficult to know the trade names in the areas below the regions, such as Busan and Changwon, etc., and reported it.