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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 『2016 고단 79』 피고인은 2015. 2. 27. 경 불상의 장소에서 인터넷 네이버 카페 ‘ 초 캠 장터( 초보 캠핑 장터의 준말, http: //cafe .naver .com /chocammall) ’에서 알게 된 피해자 C에게 핸드폰 문자 메시지를 통하여 코오롱 팰리스 텐트를 판매할 테니 대금으로 30만원을 달라고 거짓말하였다.
However, the defendant did not have the above contents, and even if he received the money from the injured party, he thought that he would consume the money for gambling or living expenses of the Internet, but did not have the intention or ability to sell the content to the injured party.
As such, the Defendant, by deceiving the victim, received KRW 300,00 from the victim’s account in the name of the Defendant (D) and received KRW 9,515,00 in total from the victims over 40 times from around that time to February 12, 2016, as shown in the attached Table 1 List 1.
2. On February 2, 2015, the Defendant posted a letter stating that he/she would sell an annual membership in the Internet NAVER Kabane on the Internet website, and then send an annual membership in the Ireland if 300,000 won is deposited to the victim E who reported and contacted with the Defendant.
The term "" refers to the following.
However, in fact, the defendant did not have an annual membership in the Ireland, and even if he received the payment from the injured party, he thought that he would consume it as personal living expenses, and the victim did not have an intention or ability to sell the annual membership in the Ireland.
As such, the Defendant, by deceiving the victim, received 300,000 won from the victim to the new bank account (F) in the name of the Defendant, and received 4,10,000 won in total from the victims over 16 times from around that time to January 22, 2016, as shown in attached Table 2 of the List of Crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. H, I, J, C, K, L, M, N, P, Q, Q, R, T, U, V, W, X, Y, Z, AAB, AC, AC, AD, and AE.