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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2018 Highest 3476] The Defendant did not have a dominer, and the Defendant did not have any intent or ability to sell the spread even if he received the payment from the victim Q.
Nevertheless, on December 1, 2017, the Defendant posted a letter stating that he/she would access to C and sell the R harassment crowdfunding, using smartphones, and reported it to the victim that “if 473,000 won is paid, he/she will send the verification color crowdfunding to the victim.” Accordingly, the Defendant was transferred KRW 473,000 to the account in the name of E used by the Defendant on the same day from the victim.
In addition, the Defendant, from December 1, 2017 to March 20, 2018, by deceiving the victims in the same manner three times, such as the list of crimes (1) in attached Form 2, from around December 1, 2017 to March 20, 2018, received the remittance of KRW 3,107,00 in total.
[2018 Highest 4163] On August 5, 2017, the Defendant did not have the intent and ability to send S Handbags at the Defendant’s office located in Dongdaemun-gu Seoul on August 5, 2017, but sent S Handbags to the Victim T through B.
may be required by the court.
A false statement was made to the effect that, among the photographs sent by the Defendant, the product needed for mind is known, and that, if money is deposited, it is intended to send it to door-to-door.
The Defendant, at around 13:26 on the same day, received 123,00 won from the injured party to the F account in the name of E, the mother of the Defendant, from that time, and received 76,000 won in total by deceiving the injured party by the same method four times as in the attached crime list (2) from August 9, 2017.
Summary of Evidence
[2018 Highest 3476]
1. Statement by the defendant in court;
1. A written statement of Q, U, and V;
1. A certificate of transfer and details of transaction in E account (from January 1, 2018 to March 31, 2018) (Ordinance 4163)
1. Statement by the defendant in court;
1. Each police statement about T;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements via victim telephone);
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;