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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 16, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on February 16, 2016, and the said judgment became final and conclusive on March 9, 2016.
[2013 Highest 3284]
1. The Defendant and B, as a co-principal relationship, posted a false article on the Internet website in order to provide cost of living, entertainment expenses, etc. while living together with the Defendant and B, and collected a street with only the cost of goods.
Defendant
On August 14, 2013, B conspired to publish a letter to the effect that B “E” following the Internet site using a computer, and the victim F sent this paper to “E” if the victim F sent a defect to the Defendant’s handphone, it would immediately send the object.
However, even if the victim receives the payment in advance, the defendant and B did not have the intention or ability to send the thing to the victim.
Ultimately, Defendant and B, as seen above, received 50,000 won from the victim, namely, remittance from the victim for the price of the goods, from the victim. From that time until November 9, 2013, Defendant and B received a total of 16,010,000 won from the time to November 9, 2013.
2. In using and managing the means of access, unless otherwise specifically provided for in other Acts, the Defendant was given consideration and was not given a loan to the means of access. However, around July 2013, the Defendant was given a check and password connected to the bank account (I) in the name of Gangdong-gu Seoul Metropolitan Government and from G and H from 207 to KRW 50,000 in cash and paid 10,000 won in cash to H.
[2013 Highest 337]
1. The defendant and B co-principal shall sell false used goods on the Internet site in order to prepare living expenses, amusement expenses, etc. while living together with them due to their relationship.