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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 7, 2018, the Defendant posted a letter that “I will sell drones” on B car page, an Internet portal site, and reported this fact to the victim C who contacted, “I would sell drones if I would first transfer the price.”
However, in fact, the defendant thought that he will use the money received from the victim for living expenses and did not have the intention or ability to sell the above goods to the victim.
The Defendant, by deceiving the victim as above, received 3,500,000 won from the E bank account in the name of D, a defendant's seat, under the name of the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C’s petition;
1. Transfer certificate;
1. Application of text messages to Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won;
2. Non-application of the sentencing criteria: The sentencing criteria are not set.
3. The sentence was not recovered from the determination of the sentence, and was not used by the victim.
The defendant has been treated as a juvenile protection case due to other crimes.
However, the defendant has not passed since he became adult.
In the case of similar crimes, each sentence of imprisonment with prison labor for a maximum term of two years, for a short term of one year and six months, for a long term of one year and for a short term of eight months is being pending in the Changwon District Court. In the case of this case, if the case was prosecuted before it, the sentence of the said sentence may be tried together with the case, and thus, the sentence of the said sentence shall be considered.
In addition, all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be considered as the order.