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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
[2013 Highest 1448] Around 11:00 on January 7, 2013, the Defendant posted a letter to the Internet Csite by accessing the PC located in Gangnam-gu Seoul Metropolitan Government to sell the PC and became contacted with the victim D to purchase the clothes.
Accordingly, the Defendant made a false statement to the victim, stating that “The Defendant changed the sale test to KRW 105,000.”
However, even if the defendant received the sales proceeds from the victim, he did not have the intention or ability to sell the doer.
Nevertheless, the Defendant made a false statement to the victim and received 105,000 won from the Defendant’s bank account on the same day.
In addition, the Defendant was transferred KRW 3,761,00 from July 13, 2012 to March 23, 2013 as shown in attached Table 1.
[2013 Highest 2138] On February 14, 2013, the Defendant posted a letter that “On the Internet Csite access to the PC located in Gangnam-gu Seoul, and sell the Spain Spanish Spanish Starter to 55,000 won” to the victim E to purchase the said PCer.
Accordingly, the Defendant made a false statement to the victim that “When depositing money, he/she will deliver it to a door-to-door store.”
However, even if the defendant received the sales proceeds from the victim, he did not have the intention or ability to sell the doer.
Nevertheless, the Defendant received 5,000 won from the Defendant’s bank account on the same day as the victim made a false statement to the victim.
In addition, the Defendant received 325,000 won from six persons, as shown in the attached Table 2, from around that time to March 21, 2013, in all as above, as shown in the attached Table 2.
[2013 Highest 2472] The defendant is not a trade name in Gangnam-gu Seoul around March 23, 2013.