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A defendant shall be punished by imprisonment for one year.
However, 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
[2016 Highest 555] On December 26, 2015, the Defendant puts down a letter stating that “Aphone 600,000 cell phone 1 unit is sold to 5.20,000 won,” at the middleest Bana page of NAV, an Internet portal site, and said that the Defendant sold the said cell phone to the victim F who reported and contacted the above letter, and said Defendant would transfer the price.
However, the defendant did not have the above mobile phone so that he did not have any intention or ability to sell the mobile phone to the victim even if he received money from the victim as sales proceeds.
As such, the Defendant, by deceiving the victim, received 520,000 won from the victim to the bank account under the name of the Defendant, as well as from around that time to March 27, 2016, transferred 24,486,600 won in total from the victims to the above bank account in the same way as shown in the crime sight table in attached Table 1, from around 2016 to March 27, 2016.
Accordingly, the defendant was provided property by deceiving the victims.
[2016 Highest 850] On February 23, 2016, the Defendant puts down a letter on the G Rober’s G Roter’s Internet portal site, “Spande 235,000 won.” The Defendant said that the Defendant sold the above pande to the victim H who reported and contacted the above writing, and then remitted the price.
However, even if the defendant did not have the above pande, he did not have the intention or ability to sell panty pande to the victim even if he received money as the sales proceeds from the victim.
As such, the Defendant, by deceiving the victim, received KRW 235,00 from the victim to a new bank account in the name of the mother of the Defendant, under the pretext of selling panty panty, as well as transferred KRW 235,00 from around that time to March 29, 2016 in the same manner as shown in the list of crimes in attached Table 2.