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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On June 12, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Gwangju District Court's Netcheon Branch, and this judgment became final and conclusive on June 20, 2018.
1. Around April 20, 2018, the Defendant posted a letter “C” on the Internet website “C” and falsely sent the victim with the contact to “I will send the cell phone as a door-to-door phone if you send the money.”
However, there is no intention or ability to sell goods even if they receive money because they do not have a mobile phone sales.
The Defendant, by deceiving the victim as above, received KRW 80,00 from the victim to the national bank account (D) in the name of the Defendant on the same day.
2. Around April 21, 2018, the Defendant posted a letter “C” on the Internet website “C” at an online site, and falsely sent the victim with the communication “to send the mobile phone to a door-to-door phone if the phone is sent.”
However, there is no intention or ability to sell goods even if they receive money because they do not have a mobile phone sales.
The Defendant, by deceiving the victim as above, received KRW 90,00 from the victim to the national bank account under the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each written petition;
1. Transfer certificate and details of deposits;
1. Previous records of judgment: Application of statutes to the judgment bound in the records of public trial and the results of case search;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;