Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

피고인은 B과 공모하여 2013. 1. 12. 10:40경 인천 연수구 연수동에 있는 썬앤문 피씨방에서 인터넷 네이버 중고나라 카페에 접속하여 피해자 C이 게시판에 “중고 마이크를 구입한다”라고 게시한 글을 보고 피해자에게 전화하여 “95,000원을 입금해주면 콘덴서마이크(MXL990)를 가지고 있으니 이를 판매하겠다”고 거짓말을 하였다.

However, even if the defendant and B received money from the victim, they did not have any intention or ability to sell valuable microphones.

Nevertheless, the Defendant and B had by deceiving the victim as such, and have received 95,000 won from the victim to the national bank account (D) in the name of B.

In this respect, the defendant and B had conspiredd with the victim to acquire property benefits.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. C’s statement;

1. A statement of transactions of financial transactions and ordinary deposits;

1. Application of investigative reports (specific-related Acts and subordinate statutes) and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;