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A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[2015 Highest 33]
1. On January 2, 2015, the Defendant found that he/she posted a letter to the effect that he/she would seek two copies of “Soverland Pona,” which is an Internet used goods transaction site, on the Internet, and that he/she would sell two copies of the Poverland 2 to 1.2 million won by making the phone with contact address published by the victim.
However, the defendant did not have the above market access right, and even if he received the price from the victim, he did not have the intention or ability to sell the above market access right.
The defendant received 1.2 million won from the victim to the bank account in the name of the defendant's mother-friendly D from the victim and acquired it by fraud.
In addition, the Defendant received a total of KRW 14,405,09 from that to February 9, 2015 by remittance of KRW 14,405,09 in total over 26 times, as shown in the attached Table (1) in the same manner.
2. Where a person liable for military service who violates the Military Service Act moves his/her residence, he/she shall file a move-in report with the competent authority of his/her residence within fourteen days;
Nevertheless, the Defendant, who was a person eligible for a call for military force mobilization training, did not make a move-in report within 14 days thereafter, even though he moved from the Kimpo-si, Kimpo-si to the 302 Dong 1204 Dong, Kimpo-si, his domicile on or around March 21, 2014.
[2015 Highest 369] On January 29, 2015, the Defendant posted a false statement to the effect that “the Defendant would sell the said goods if it first remitted KRW 40,000 to the Defendant through the Kakakakao Kakao Messen,” which is an Internet used goods trading site.
However, since the defendant did not possess the above things, even if he receives the price from the victim, he did not have the intention or ability to sell the above things.
The defendant shall be himself on the same day from the victim.