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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2013 Highest 2089]
1. A thief: (a) around 04:00 on February 1, 2013, the Defendant: (b) discovered and drinked a FSS5 car equivalent to KRW 5 million at the market price owned by the victim E, who returned to the Defendant’s father D and the Defendant’s father on the front road in Yangsan-si; (c) had the Defendant used the above vehicle prior to towing, and had the Defendant opened and operated the said SM5 car driver’s seat by using a bit smart key, which had not been transferred to the victim.
2. On February 15, 2013, at the PC room where it is impossible to know the trade name in the city of Sung-nam, Gyeonggi-do, the Defendant: (a) visited the Internet site NAG; (b) purchased four wheelchairss; and (c) contacted the victim with telephone, thereby selling 286,000 won, including 4 ES7 LE car wheelchairss to the victim. To transfer the proceeds to the national bank head of Tong bank, the Defendant concluded that 4 wheelchairss will be sent on a door-to-door basis.”
However, the defendant did not have a wheel chairs, and even if he received the payment from the victim, he did not have the intention or ability to send the wheel to the victim.
As stated in the attached Table 1 from around 10 to April 14, 2013, the Defendant, by deceiving the victim as such, received KRW 286,00 from a national bank passbook (Account Number I) in the name of the Defendant from the victim, and received the total amount of KRW 4,336,00 from the victims over 10 times.
[2013 Highest 2137] On May 1, 2013, the Defendant sent to the victim a notice stating that he/she access to the Internet site NV G car page and that he/she purchased contact pockets, and called “as a result, he/she will sell 5,50,000 won or more” to the victim.
(b).