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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On January 8, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of confinement, etc. at the Busan District Court’s junior branch, and the judgment was finalized on June 27, 2019, and used the “C” at the Internet’s trading site B car page.
1. On November 2, 2018, at a place where the location is unknown, the Defendant posted a false statement that “I am gallon (S8) sales of third-party smartphones” by accessing the Internet’s used goods transaction site B car page in a manner that does not know, and reported it to the victim D (the age of 27, south) who visited the Defendant, “I will first deliver the money in return for the transfer of the money.”
In fact, even if the defendant receives cash, he did not have the intention or ability to send the sold goods.
Accordingly, the Defendant, by deceiving the victim on November 2, 2018, delivered KRW 190,000 in cash to a new bank account (E) in the name of 15:27 A on November 2, 2018, but acquired pecuniary benefits equivalent to the said amount by not sending sales goods.
2. On November 3, 2018, at a place where the location is unknown, the Defendant posted a false statement that “I am gallon (S8 128)” by accessing the Internet’s used goods transaction site B car page in a manner that does not know, and read to the victim F (29 years of age, South) who reported and contacted, “I will first forward money. I will deliver the money.”
In fact, even if the defendant receives cash, he did not have the intention or ability to send the sold goods.
Accordingly, the Defendant, by deceiving the victim on November 3, 2018, delivered 185,000 won in cash to a new bank account (E) in the name of 10:42 A on November 3, 2018, but acquired pecuniary benefits equivalent to the amount by not sending sales goods.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Written statements of D and F;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the judgment, etc. of a case in the current trial);
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime;