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A defendant shall be punished by imprisonment for six 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
On April 1, 2017, the Defendant posted a letter to the effect that “I will sell flass 4” on the bulletin board of the State, and made a false statement to the effect that “I will sell flass 4 in KRW 300,000” to the victim C.
However, even if the defendant received money from the injured party, he did not intend to send the above things.
As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 300,00 from the victim to the Gannam account (D) in the name of the Defendant; and (c) from April 10, 2017, the Defendant was transferred KRW 1,203,00 in total from the four victims, such as the list of crimes in the attached Table, in the same manner as the list of crimes.
Accordingly, the defendant was informed of the victims to receive property.
Summary of Evidence
1. Statement by the defendant in court;
1. Request for a search and inspection warrant or CCTV image data;
1. Application of each relevant statute;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act is that the defendant committed the same crime under the same law, and even though there has been several records of criminal punishment of fines, the crime of each of the crimes of this case is disadvantageous.
However, the fact that the defendant committed each of the crimes of this case against the wrongness, and that the defendant agreed with some of the victims, and that there is no record of criminal punishment exceeding the fine, is favorable.
In addition, various sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.